Audiência Custódia - 2- 0000383-03.2017.8.12.0800

Summary

This transcript portrays a custody hearing, where Cloves Pereira, referred to as 'Torrico,' is questioned regarding his arrest. The focus is on understanding the circumstances surrounding his detention, any potential violence experienced, and his family situation. The authorities examine his past criminal record and employment status. The dialogue touches on the complexity of his involvement with a weapon, his role as a witness, and his primary responsibility towards his daughter. The final decision hinges on his legal standing and previous offenses, with both defense and prosecution presenting their arguments for either release or continued detention.

Takeaways

• 😀 The script describes a Custody Hearing where a defendant named Cloves Pereira (Torrico) is being questioned about the circumstances of his arrest.
• 😀 Cloves is informed that the hearing is not about determining his guilt or innocence but to assess his custody status.
• 😀 The defendant was arrested the day before the hearing and was unable to contact his family because he did not know their phone numbers.
• 😀 Cloves provides the address of his mother, who lives at Rua das Águas, Jardim Aná, as a contact for his legal defense.
• 😀 Cloves mentions that he was simply giving a ride to a friend and had no involvement with the weapon found during the arrest.
• 😀 The defendant states that there was no violence or mistreatment during his arrest.
• 😀 Cloves is revealed to have a daughter who depends on him, which might influence the decision regarding his custody.
• 😀 The Public Prosecutor requests the homologation of the arrest and the preventive detention of Cloves, citing prior incidents including a 2016 firearm offense.
• 😀 The Defense argues for Cloves' provisional release, emphasizing his clean record, stable employment, and family responsibilities.
• 😀 The Public Prosecutor also references the defendant's criminal history, including multiple homicides, to argue for continued detention.
• 😀 Rivaldo José da Silva is also discussed in a similar context with a focus on his legal situation, including previous criminal convictions and his current detention status.

Q & A

What is the purpose of the custody hearing described in the transcript?

The purpose of the custody hearing is to determine the circumstances surrounding the individual's arrest and to decide whether the individual should remain in custody or be released pending further proceedings. The hearing does not address the guilt or innocence of the accused.

Did Cloves Pereira (Torrico) have an opportunity to speak with a public defender before the hearing?

Yes, Cloves Pereira had the opportunity to speak with the public defender before the hearing, as mentioned in the transcript.

What information did Cloves provide about the circumstances of his arrest?

Cloves explained that he was arrested after being with a friend, who fired a weapon. He claimed that the weapon was only present as a witness and that he had no involvement with it.

Did Cloves experience any violence during his arrest?

No, Cloves stated that there were no issues with violence during his arrest.

Was Cloves able to contact his family members after his arrest?

Cloves was unable to contact his family members as he did not know their phone numbers or was unable to reach them.

What is Cloves' employment situation?

Cloves works as a carpenter's assistant (servant) with his uncle.

Who did Cloves want to inform about his arrest?

Cloves wanted to inform his mother about his arrest, and he provided her address to the court.

What did the public prosecutor request during the hearing regarding Cloves' custody?

The public prosecutor requested the homologation of the flagrante delicto (arrest in the act) and the detention of Cloves, citing previous criminal records, including an earlier arrest for possession of a firearm.

What did the defense argue regarding Cloves' release?

The defense argued for Cloves' release, emphasizing his good conduct, lack of criminal convictions, stable employment, and fixed residence. They requested provisional release without bail.

Was Cloves ultimately granted release or detention?

Cloves was not granted release and remained in detention, as the public prosecutor and court decided that his prior criminal record warranted continued custody for now.