Audiência Custódia -8- 0006492-62.2019.8.12.0800

Summary

The transcript captures a custody hearing involving Wellington da Silva Ribeiro, who was arrested on robbery-related allegations. During the hearing, the judge questions him about his personal background, employment, family life, health, prior criminal history, and treatment while in police custody. Wellington explains that he worked in civil construction, supported his family, and had previous convictions related to robbery and possession of stolen property. He also discusses his medical treatment and prison history. The defense attorney argues that the legal requirements for preventive detention are not present and requests alternative precautionary measures instead of continued imprisonment under the Brazilian Code of Criminal Procedure.

Takeaways

• 😀 The defendant, Wellington da Silva Ribeiro, was identified and confirmed his identity during the custody hearing.
• 😀 He was informed of his rights, including the right to remain silent without prejudice.
• 😀 Wellington reported no aggression or mistreatment during or after his arrest.
• 😀 At the time of arrest, he was unemployed but has prior work experience in construction.
• 😀 He lives with his family, is married, and has a daughter; he is the head of the household.
• 😀 The defendant does not regularly use drugs or alcohol, with only occasional consumption.
• 😀 He is on daily medication for health treatment and has maintained access to it despite detention.
• 😀 Wellington has prior criminal records from 1980 and 1983, including attempted robbery, and has served time in semi-open regime.
• 😀 He has no reported issues with cohabitation in other prisons and maintains good conduct.
• 😀 The defense requested alternative measures to pre-trial detention under Article 319 of the Code of Criminal Procedure, arguing preventive detention is unnecessary.

Q & A

Who is the individual being presented in the custody hearing?

The individual is Wellington da Silva Ribeiro, accused of a suspected robbery.

What type of hearing is being conducted in the transcript?

It is a custody hearing (audiência de custódia) to assess the legality and necessity of detention.

Was Wellington informed of his rights during the hearing?

Yes, he was informed of his right to remain silent and that he would not be penalized for choosing not to answer questions.

Did Wellington report any mistreatment or aggression after his arrest?

No, he stated that he did not suffer any aggression between the time of his arrest and the custody hearing.

What is Wellington’s employment status and profession?

He is a construction worker, specifically involved in general construction work, and was previously employed but currently not working.

What information is provided about Wellington’s family life?

Wellington lives with his family, is married, has a daughter, and is the head of his household.

Does Wellington have a history of drug or alcohol use?

He does not use drugs, and he consumes alcohol only occasionally, typically on weekends.

What health-related details are mentioned in the transcript?

Wellington takes prescribed medication daily for a medical condition.

What previous criminal record does Wellington have?

He has prior convictions from 1980 and 1983, including a robbery for which he served 8 months in semi-open detention and signed in at the court regularly as part of probation.

How does the transcript describe Wellington’s behavior in prison?

He reportedly had no issues or conflicts in previous detention facilities and is not considered a threat in prison environments.

What legal argument did the defense present during the hearing?

The defense requested alternative measures to detention, arguing that the requirements for preventive detention were not met, referencing Article 319 of the Brazilian Code of Criminal Procedure.

What does the transcript indicate about Wellington’s interaction with the public defender before the hearing?

He had the opportunity to speak with the public defender prior to the hearing to discuss his case.