O ius puniendi e as medidas cautelares de natureza pessoal: um estudo de caso em comarca de Minas Gerais

Abstract

The purpose of this study is to analyze how the precautionary measures of a personal nature, starting from the study detained on the amendments to the Penal Procedure Code (Decree-Law nº 3.689 / 41), from the enactment of Law nº. 12.403 / 11 until reaching research on its impact in the real world. The need to link the provisions of that standard to the constitutional principles, especially the principles of presumption of innocence and due process, so that the adjudication is effective and proportional, causing the least possible damage to the individual will be checked. Regarding the empirical study, we seek to demonstrate the impact of precautionary measures of personal nature to the front case. It is argued, then, the need for compatibility of the regulatory text alluded to the part listed in the 1988 Constitution, in order to achieve the end preciput guardianship of criminal proceedings, without departing, however, the basic principles of Brazilian law.