Prisão preventiva

AUTOR(ES)
DATA DE PUBLICAÇÃO

2002

RESUMO

This paper aims at making a review of the articles of the 1941 Penal Process Code which regulate the old institute of preventive prison, in the lights of the 1988 Federal Constitution which established, in an express way, valuable principles and rules concerning the penal process and the prison, as the principle of presumable innocence. Besides, it searches for the true dimension of the preventive prison, which presupposes the study of its origin and evolution, for the comprehension of its existence and usefulness. It tries to define the institute within the scope of prisons in general, stating that it is a type of modality of provisory prison and, as such, has the processual penal purpose of provi de. It tries to state the concept of preventive prison from its cautioning legal nature, destined to ensure the realization of the process or the effecting of its outcome. It rises issues of justice and politics, when it analyses the legitimacy and convenience of the extreme measure, to infer that necessity is its only fundamental. It looks into the borderlines of preventive prison, ascertaining that the measure cannot ever serve as an instrument of social contrai and function as an anticipation of the service. It points to the rights of the preventive prisoner, recognized in several intemational and national certificates, and the consequences of the indiscriminate use of the institute. It ends by making a criticism to the Project of Law # 4.208/2001, which alters some of the articles of the Penal Process Code, related to prison, to cautioning measures and to freedom

ASSUNTO(S)

direito processual penal preso preventivo processo penal -- brasil direito prisao preventiva -- brasil direito comparado prisao

ACESSO AO ARTIGO

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