Prisão preventiva: hipóteses justificadoras e sua aplicação na jurisprudência

Abstract

In view of the principle of presumption of innocence, enshrined as immutable clause in the Federal Constitution of 1988, the imprisonment of any individual before the final judgment, making the sentence unappealable, should be an exceptional situation, acceptable only when strictly necessary. Accordingly, the current system of precautionary measures in criminal proceedings, notably with regard to preventive detention, establishes the legal basis, requirements and conditions able to authorize provisional detention of the suspect. These elements are not always peacefully interpreted and the judges and courts have been wobbly when applying them. We intend to contribute to the correct delimitation of the concepts - especially with regard to "public order" - and analyze the institute of preventive detention, in theory and in legal practice.