Governor sanctions regulation of shifts and in-person custody hearings in the Justice of Amapá – News of Brazil
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This Monday morning (19), Governor Clécio Luís sanctioned Bill No. 0002/2023, authored by the Court of Justice of Amapá (TJAP), which provides for on-call duty of the Judiciary and the holding of Hearings of Custody.
The signing was carried out in the presence of Judge-President Adão Carvalho, who explained that the law “regulates custody hearings throughout the State of Amapá and is of vital importance to comply with the rules established by the National Council of Justice (CNJ)” .
The explanatory statement by Judge-President Adão Carvalho, cited in the report by Deputy Roberto Góes, Rapporteur for Bill 0002/2023, highlights the need to comply with CNJ Resolution No. 213/2015 at the state level, considering that carrying out Custody hearings must be held in person:
“This Project aims, above all, to comply with Resolution CNJ — National Council of Justice No. 213/2015, which provides for the presentation of every arrested person to the judicial authority within 24 hours (custody hearings), in the sense that hearings can no longer be held virtually”, defends the magistrate.
“The exceptionality of holding custody hearings in a virtual way lasted during the period of need for stricter isolation due to the Covid-19 pandemic, which is shown with a more attenuated current scenario”, he justifies.
“In order to comply with the CNJ’s determinations, it is necessary to amend the previous legislation that dealt with the matter, namely State Law No. to its scope of application, which is not limited to the 1st degree of jurisdiction, but also to the 2nd degree of Justice of the State of Amapá”, concluded the Chief Justice in the passage quoted in the report that was approved by the Legislative Assembly of Amapá ( ALAP).
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