The AMB (Association of Brazilian Magistrates) filed a lawsuit with the STF (Supreme Federal Court) on Tuesday (4.ago.2020) to request the suspension of the decision of the CNJ (National Council of Justice) that prohibited remote hearings of custody during the covid-19 pandemic. Read the whole (375 KB) do documento.
“The state of calamity caused by the pandemic is an exceptional situation. The use of the technological resource of videoconferencing facilitates the holding of hearings, part of a procedural act established by law, and guarantees the inviolability of the rights of prisoners ”, said the president of AMB, Renata Gil.
Custody hearings are meetings established by law between newly detainees and a judge 24 hours after the arrest. It is the moment when the magistrate assesses the conditions that permeate the request for imprisonment, such as the need, the legality, the adequacy of the sentence, continuity of imprisonment, or even the eventual release of the individual.
The measure aims to preserve the detainee’s rights, ensuring that he was not the victim of police violence or torture.
The suspension of custody hearings by videoconference was decided by Minister Dias Toffoli, of the STF. According to him, the remote model “Goes against the essence of the custody hearing institute, which aims not only to assess the legality of the prison and the need for its maintenance, but also to verify the occurrence of torture and ill-treatment”.