Custody hearings: Dino’s idea worries lawyers – 02/04/2024 – Mônica Bergamo

The intention of senator Flávio Dino (PSB-MA) to present a bill that proposes to change the functioning of custody hearings was received with shock by the management of the Institute for the Defense of the Right to Defense (IDDD), made up of lawyers and defense defenders. human rights.

For the entity, which worked with the CNJ (National Council of Justice) to implement the mechanism in the country, the idea outlined by the future minister of the STF (Supreme Federal Court) has unconstitutional contours and could threaten the principle of presumption of innocence. Dino refutes the speculation.

The custody hearing is the moment in which it is decided whether a flagrant arrest occurred within the law and how the person will respond to the process. At this stage, there is no deliberation about innocence or guilt. In Dino’s opinion, the instrument was being misused in some cases.

“I’m going to present the project saying that if a person is arrested once, twice, three, four times committing robbery, committing a crime involving violence or serious threat, he can no longer be released at the custody hearing, because it is a case of preventive detention due to dangerousness objectively demonstrated”, said the former senator, in an interview with Globonews last week.

President of IDDD, lawyer Guilherme Ziliani Carnelós says he sees the possibility of an “automatic arrest” in the proposal. “The Constitution is very clear. We have to support the presumption of innocence. It cannot be relativized because someone has been arrested on other occasions for similar crimes.”

Carnelós states that it is common for police officers who commit abuses to choose people with criminal records when making illegal arrests in the act, in a system that tends to affect mostly black and poor people.

“Prison cannot fail to be analyzed from the personal point of view of the accused. There cannot be automatic imprisonment, as occurred in the military dictatorship. The Judiciary must be able to assess whether or not the freedom of that specific person puts society at risk.” risk”, says the president of IDDD.

“An automatic form of arrest goes against the Supreme Court’s decision reaffirming the unconstitutional state of affairs in the prison system, which gave recommendations to the Judiciary to only order arrests when they were effectively necessary”, adds Carnelós.

When contacted by the column, Flávio Dino says that the institute should at least wait for the text of the bill to be published before starting its criticisms.

“IDDD should wait for the project before making a hasty and, therefore, nonsense ‘criticism'”, states the future Supreme Court minister, via message.

“It is very obvious that I am not considering ‘automatism of arrest’. But rather, legal requirements to be assessed by the judge, in terms of gentle and peaceful jurisprudence. This ‘automatism’ in criticism, in addition to being superficial and irresponsible, is quite surprising,” he says.

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FOLIA

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