Sérgio Moro: Therefore, on this point, the text approved by the Senate should be maintained, which refers to the reiteration of criminal conduct in broader terms.
Sérgio Moro: With regard to the other innovations contained in the Chamber's substitute, we consider them to be adjustments of lesser importance, and it is preferable to maintain the text approved by the Federal Senate.
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.
Sérgio Moro: 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.