Criminal policy on hyperincarceration and custody hearings: congruences and inflections
Criminal Policy; Custody Hearing; Critical Criminology; Criminal State;
This dissertation has as its theme the Criminal Policy and Custody Hearing and proposes to investigate how custody hearings in the metropolitan region of Natal-RN refer to their objectives in the face of criminal policy and hyperincarceration. The custody hearings, object of this research, were instituted by the CNJ from the pressure of social movements and human rights institutions that denounced the high rate of incarceration and the practices of torture, ill-treatment and police violence, a reflection of the current criminal policy in Brazil, operated in the context of the worsening of the Penal State, which contributes to hyperincarceration and repressive penal and police policies that criminalize poverty. Thus, the objective of this research is to analyze the custody hearings in face of the challenges that are posed to the fulfillment of their objectives of reducing incarceration and denouncing and curbing practices of political violence, torture and ill-treatment. It is a research with a dialectical historical materialist basis, qualitative, exploratory-methodological, which had as its path the participation in 20 custody hearings and the collection of data from its implementation to the present day. The results show that custody hearings continue to reproduce violations of procedural guarantees of the accused person, in a way that most of the times do not guarantee the adequate right to defense and the right to information; the perpetuation of practices that violate Human Rights and the underreporting of cases of police violence, torture or ill-treatment; And the maintenance of prison as the rule and the end of freedom in custody hearings. That said, the theoretical path of this work problematizes the punitive and control methods considering the entire social totality and the historical transformations so that we can understand their repercussions in the current criminal policy of hyperincarceration.