Prisão cautelar: conflitos doutrinários e legais sobre a prisão em flagrante e a prisão preventiva

Abstract

The main purpose of this cholarly works to examine the institution of precautionary detention from the point of view of legality and constitutionality of its fundamental sand practical applications in the Criminal Procedure before the Federal Constitution of 1988.To do so, we looked at the view of doctrine about the theme in relation to precautionary anticipation and the legitimacy of state intervention in restricting the freedom of individuals before a criminal judgment un appealable conviction. Among the precaution aryarrestswer specifically analyzed to remand and prison in the act pointing out the flaws appointed by the doctrine and possible unconstitutionality of the aforementioned measures. Matter in the end a brief analysis of the various precautionary measures from prison and as less restrictive alternatives to the problem.