Audiência de custódia : prelúdio da desconstrução da cultura de torturar no Brasil por meio da superação da normalidade do desumano?

Abstract

The purpose of this study is to verify if the implantation of the judicial hearing of custody in Brazil represents the beginning of a civilizing and humanizing process of the criminal justice system, in so far as it translates into an instrument of criminal policy to combat the culture of the normality of violence in the act of imprisonment. For that, a historical-evolutionary clipping is made on the practice of torture, in search of a conceptual delimitation of this phenomenon that has a significant conceptual variation. Next step, a correlation is drawn between the custody hearing and the constitutional fundamental rights and guarantees of the detainee in flagrant offence, specifically, as regards the violation of the detainee's physical and moral integrity. In this historical and normative hermeneutic north, from a re-reading of the Arendtian concept of banality of evil, it is investigated whether the custodial audience would be a prelude to overcoming the normality of the inhumanity, the naturalization (banalization) of violence in the act of imprisonment in flagrant offence.