Audiência Custódia -5- 0006478-78.2019.8.12.0800

Summary

The transcript documents a custody hearing involving Juliana Lima da Silva and Bruna Viana de Oliveira. Juliana, a mother of four, describes her arrest and interactions with the police, highlighting that she faced verbal mistreatment but no physical aggression, and details her family and employment background. Bruna, eight months pregnant, also provides context for her circumstances. The defense emphasizes that neither defendant poses a risk of violence or flight, noting their stable residences and family responsibilities. The court considers these factors, along with their ties to the community and the presence of minor children, in evaluating alternatives to pretrial detention, ultimately suggesting non-custodial measures may be appropriate.

Takeaways

• 👩‍⚖️ Juliana Lima da Silva and Bruna Viana de Oliveira attended their custody hearings and had the opportunity to speak with public defenders beforehand.
• 📝 Both defendants were asked about the circumstances of their arrests, including any mistreatment or aggression experienced during custody.
• 🚓 Juliana reported no physical aggression during her arrest but mentioned verbal offenses from a police officer while she was feeling unwell and pregnant.
• 💼 Juliana had been working as a manicurist and depiladora but was unemployed at the time of arrest; she supports her household along with her mother.
• 🏠 Juliana resides with her 12-year-old daughter, while her other children live with relatives; family support and children’s welfare were highlighted.
• 💊 Neither defendant uses drugs or alcohol, and Juliana is under medical supervision due to her pregnancy.
• 📜 Juliana has a prior criminal record related to minor offenses and traffic violations but no history of violent crime.
• 🛑 The legal defense argued that neither defendant presents a flight risk or a threat to the judicial process, citing family ties and stable residence.
• ⚖️ The court considered alternative measures to detention due to factors such as pregnancy, childcare responsibilities, and lack of violent criminal behavior.
• 👶 Bruna Viana is eight months pregnant, and this circumstance was emphasized as relevant to granting precautionary measures other than imprisonment.
• 📍 Both defendants' addresses and personal circumstances support the recommendation for non-custodial measures according to Article 312 of the Brazilian Penal Code.

Q & A

Who is the main person being discussed in the custody hearing?

The main person discussed is Juliana Lima da Silva, who is undergoing a custody hearing.

Did Juliana have the opportunity to speak with the public defender before the hearing?

Yes, Juliana had the opportunity to speak with the public defender before the hearing.

Was Juliana involved in any form of aggression at the time of her arrest?

No, Juliana stated that there was no aggression during her arrest and that everything occurred normally.

What was Juliana's employment situation prior to her arrest?

Juliana was working as a self-employed manicurist and depiladora, but she also mentioned periods of unemployment.

Does Juliana have children, and if so, who takes care of them?

Yes, Juliana has four children. One of them, a 12-year-old named Vitória, lives with her, while the others live with their father or grandmother.

Was Juliana subjected to any verbal abuse during her detention?

Yes, she reported that a police officer verbally insulted her while she was in custody, particularly noting her pregnancy.

Is Juliana involved in any prior criminal cases?

Yes, she has previously responded to a criminal case related to a vehicle but claims she has been compliant with her obligations, including wearing a monitoring device.

What is Bruna Viana de Oliveira's situation mentioned in the hearing?

Bruna Viana de Oliveira is pregnant, at eight months, and this condition is considered relevant for the decision regarding alternative measures to custodial detention.

What reasoning did the defense provide for requesting an alternative to custodial detention?

The defense argued that both Juliana and Bruna have stable addresses, no history of serious violence or threat, and family responsibilities, making them eligible for measures other than preventive detention.

What is the court's consideration regarding Juliana’s child?

The court noted that Juliana's 12-year-old child lives with her and attends school, which is a factor in favor of considering alternative measures to detention.

Was there any indication of substance abuse by Juliana or Bruna?

No, both Juliana and Bruna denied using drugs or alcohol.

Did Juliana or Bruna experience any medical issues during detention?

Yes, Juliana mentioned she was feeling unwell and vomiting, and Bruna is eight months pregnant, which requires special consideration.