O poder geral de cautela como garantia da tutela jurisdicional efetiva no processo penal

Abstract

The article presented here aims to demonstrate the need for recognition of the general power of caution to criminal prosecution. Thus, we argue that the unnamed precautionary measures could be used in criminal proceedings in order to guarantee the effectiveness of judicial protection. That said, we seek to argue for the non-exhaustiveness of Brazilian Criminal Procedure Code section 319. The method used is dialectical, since there were used analysis based on doctrinal studies, judicial decisions, legal and constitutional provisions, as well as practical research carried out by official bodies. The main objective is to prove not only the compatibility and adequacy of the general power of caution with the basic principles of the democratic state of law, but also the relevance of its recognition to the Brazilian reality.