Banca de DEFESA: FERNANDA NUNES MORAIS DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDA NUNES MORAIS DA SILVA
DATE: 29/02/2024
TIME: 16:00
LOCAL: https://conferenciaweb.rnp.br/ufba/progesp-defesa-de-dissertacao
TITLE:

INSTRUCTION AND TRIAL HEARINGS BY VIDEO CONFERENCE IN THE CONTEXT OF THE COVID- PANDEMIC
19: the experience of the Drug Courts in the district of Salvador/Bahia

KEY WORDS:

Full defense; criminal hearings; videoconference; drug trafficking

PAGES: 206
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

This work focused on the exercise of the right to full defense during instruction hearings held
via videoconference in the context of the pandemic caused by COVID-19, aiming to describe
it in the most in-depth and detailed way possible. To theoretically support the research, initially,
it was analyzed how the concept of time relates to the concept of Law based on the teachings
of François Ost, having concluded that both operate at different cadences, and that the harmonization
must be aimed. Subsequently, progress was made on the concepts of acceleration and
globalization proposed by the philosopher Milton Santos; of technique and technology, based
on the thoughts of Heidegger and James Bridle; as well as about the political biases that all
these discussions assume, which was done by mobilizing the lessons of Herbert Marcuse, Paul
Virilio and Evgeny Morozov. The way in which this discussion finds contours within the scope
of the criminal process was analyzed based on the lessons of Aury Lopes Jr., and it was partially
concluded that, currently, under the pretext of speeding up the criminal process, procedural
guarantees have been sacrificed, and, with the help of James Byrne's lessons, it was concluded
that such desires to accelerate the criminal process have contributed to further widening the
disparity between rich and poor defendants. Subsequently, the concept of broad defense was
analyzed, having concluded that its realization demands the simultaneous achievement of a
bundle of rights whose realization requires conducts of do's and don'ts on the part of all actors/
actresses of the criminal justice system, not just the accused person and his/her defender.
A brief history of the use of videoconferencing in Brazilian criminal proceedings was also outlined,
noting that the attempts to definitively absorb it into legal frameworks appear periodically
in bills that aim to amend the Code of Criminal Procedure, although nothing was done in this
regard during the context of the pandemic caused by COVID-19. Then, armed with theoretical
support, forty-seven instruction hearings held via videoconference by the Drug Courts of the
District of Salvador/BA were observed, recording their procedure in field diaries for analysis.
After analyzing the records, it was concluded that the hypothesis was partially confirmed that
the use of videoconferencing in the context of pre-trial hearings implies the restriction of the
right to full defense, since in all the hearings observed the accused people remained handcuffed;
they did not always understand what was being said; there were no guarantees that the witnesses
were truly alone and uncapable of communicating with others; personal recognitions were carried
out in disregard of the procedure provided for in the CPP and the recent jurisprudence
established on the subject, and; carrying out the prior and reserved interview was made difficult
by the distance and the lack of safe ways to do it. It was also found that its use did not mean
accelerating or optimizing the Courts' routines, as the difficulty in understanding the functioning
of the systems used made proceedings slower. It was identified, however, that videoconferencing
can bring closer proximity to accused people who are far away and that it can mean
convenience for those who do not wish to miss a day of work or who cannot easily travel to the
headquarters of the judgment. In the end, guidelines were developed to increase the degree of
reliability of hearings held via videoconference, based on conduct that ensures the observance
of the right to full defense.

COMMITTEE MEMBERS:
Externa à Instituição - MANUELA ABATH VALENÇA - UFPE
Externa ao Programa - 2785357 - CLAUDIA ALBAGLI NOGUEIRA SERPA - nullPresidente - ***.583.945-** - DANIEL NICORY DO PRADO - UFBA