The innovative costody audience by videoconference in front of the constitutional principle of prohibition to kick back

Abstract

Considering the innovations related to the custody hearing, the objective is to analyze the legality of their performance by videoconference, as well as to identify the possible impacts on the fundamental rights of the prisoner and, therefore, if the principle of prohibition against retribution is violated. Deductive methodology was applied, with bibliographic and documentary research technique. In the context of this study, it goes through some issues of relevance in the legal aspect, such as: the dignity of the human person, respect for the physical and moral integrity of the captives, the relaxation of illegal prison, the need for prisoners to be introduced, within 24 hours, to the competent judicial authority, and the importance of physical contact between judge and judge. It is concluded that the substitution of the face-to-face act by the electronic act mitigates the right of those seized in flagrante delicto, violates the most intrinsic fundamental guarantees and, of course, sacrifices the principle of the prohibition against retrogression, which is why the maintenance of the original system, in this case, it is the most coherent measure.