Sérgio Moro: It is important to maintain paragraph 5 regarding art. 310 of the CPP, since it is there that the custody hearing is addressed.
Sérgio Moro: Indeed, that is precisely the main objective of the proposal: to expressly add the circumstances that recommend the conversion of an arrest in flagrante to preventive detention, which should occur at the custody hearing.
Hence also the indispensability of the provision contained in paragraph 6, deleted by the reviewing House, since it is intended that the judge be required to pronounce on the circumstances of paragraph 5, in order to reduce the indiscriminate granting of provisional release at the custody hearing.
Sérgio Moro: With regard to the collection of biological material, we understand that there is no need for it to be carried out by a forensic expert.
Sérgio Moro: That professional is necessary for the preparation of the expert report, not for the collection of the material, provided custody precautions are maintained.