In this last week (August 26th) of August, the course on Update on Custody Hearing, promoted by the Superior School of the Judges of the State of Tocantins (Esmat), began. The training is aimed at magistrates, civil servers of the Judiciary of the state of Tocantins who act directly in the custody hearings, as well as professionals from the State Secretariat for Citizenship and Justice (Seciju), the Service of Assistance to the Guarded Person (APEC) and the Monitoring and Supervision Group of the Prison System and Socio-educational Measures (GMF).
The course is coordinated by Judge José Eustáquio Melo Júnior, who participated in the opening and thanked the presence of Justice Marcelo Semer, responsible for the first module, entitled History, Rights and Guarantees related to the Custody Hearing.
When addressing the introductory aspects of the subject, the magistrate highlighted the importance of understanding the legal and historical foundations that support the institute. According to him:
“To understand how to apply the rules, it is necessary to understand the principles, what they protect and, in the case of custody hearing, it is not exclusively about the law. We are talking about the reception of international treaties, evolution of jurisprudence and administrative regulation by resolutions of the CNJ. It is also law, of course, but the subject does not arise in the law nor ends in the law", explained.
Among the participants, Amanda Lemos Corrêa, legal advisor of 1st degree, highlighted the relevance of the topics discussed in the first class: "The subject is of a great relevance to us advisors that daily deal with these issues, even in judicial duties".
"We know that the custody hearing has an essential role because it ensures an immediate control of the legality of the prison and the conditions in which it occurred, functioning as an effective guarantee of fundamental rights and a mechanism to prevent abuse, being in some duties accompanying the custody, it was necessary to relax the prison, which reinforces in practice the importance of the institute", she noted.
Amanda also highlighted that the proposed content encourages deeper reflection: "The content of the class was extremely useful, especially because we often limit ourselves to the text of the law and forget to reflect on the logic that motivated the creation of certain institutes. We discussed at the end of the class that the custody hearing has already suffered, and it still suffers, criticism and attacks, especially after the advent of the judge of guarantees with the Anticrime Package".
With a total workload of 45 class hours, the course is completely virtual and it runs until September 30th. In all, the training has the participation of eight professors, who will address different perspectives related to the custody hearing, seeking to improve technical performance and promote respect for legal and fundamental guarantees at the time of detention.
