A impossibilidade de o Juiz decretar prisão preventiva ante requerimento do Ministério Público por cautelar menos gravosa

Abstract

This work aims to define the contours of precautionary measures of a personal nature in the light of the accusatory system, with a view to highlighting the impossibility of the judge decreeing preventive detention upon a request for a less serious precautionary measure by Parquet. Despite this, we will seek to demonstrate that inquisitorial features continue to be present in the decisions of higher courts, insofar as the aforementioned practice continues to be considered legitimate despite revealing a judicial role that does not fit into the accusatory structure consolidated in Law 13.964/19.