Audiências de custódia em salvador: uma análise do vocabulário de motivos decisórios no ano de 2018

Abstract

This study focuses on the content of judicial decisions issued during custody hearings held in the city of Salvador in 2018. Through a qualitative approach, 145 (one hundred and forty-five) judicial rationales were analyzed, encompassing determinations for pretrial detention, provisional release – conditional and unconditional – and the dismissal of arrests in flagrante delicto. The central objective was to map the justifications used by judges, identifying stable motives in the communication of social actors (MILLS, 2016). The investigation aimed to decenter the subjects and desubstantialize legal categories, aligning with the methodological proposal of Margarida Garcia (2014). From the language program accepted in the observed hearings, we investigated how theories legitimizing punishment renew their meanings in the application of precautionary measures during criminal investigations. We concluded that the ways of thinking punishment in modern penal rationality (PIRES, 2004) have colonized the institute, which is evident not only through the dominant thought framework but also through the prevalence of imposed suffering and the difficulty in achieving the intended reduction in pretrial detentions.