A audiência de custódia em ação: um estudo sobre o fazer judicial.

Abstract

This thesis has as central perspective a microsociology study of the pre-trial hearing. The work consists of executing an analysis on how the pre-trial hearing is build in your daily action. To this end, looking for understand the interactions meaning between actors and how they give meaning to the legal process. The research was consisted in observing the pre-trial hearings that happened between June 2017 and November 2019, at José Frederico Marques Public Jail in Benfica, in Rio de Janeiro city. The research design was built throughout the field work, in which the dialogues and manifestations carried out during and between the hearings were registered. Documents that compose the hearings were also collected. Based on an interactionist analysis of the pre-trial hearing, this work presupposes to identify the hearings as an interactional situation with the arrangement of normative expectations contextualized by the information shared by official documents. From this procedure, categorization processes used as analytical choice to understand the different stages of the interactional flow were identified. From a methodological point of view, was proposed an understanding of the hearing as an interactional flow composed of focused semi- dramatic interactions. By the proposed analytical model of analysis is possible to analyze the legal interactions by dividing them into moments, that is: pre-situational backstage, situation, post-situation and hyper-context. From a conceptual point of view, I use the “social-legal latencies” concept to identify the observed and non- knowing consequences from social process of pre-trial hearing. It can be defined as the consequences of actions in legal contexts that give meaning and context to these hearings.