Poder geral de cautela e sua aplicabilidade no processo penal brasileiro

Abstract

The following completion of course work has the theme "Implementation of General Power Stealth on Criminal Procedure." This topic has significant relevance, as it tries to avoid the current trend of applying to prison as a precautionary mechanism anticipation of the penalty, considering that this practice violates the constitutional principle of presumption of innocence and undermines human dignity. Thus, this paper advocates the adoption of precautionary measures not provided for by law (unnamed) when the typical precautionary measures are not sufficient to ensure the effectiveness of the process in order to avoid a far more serious (proportionality principle), mainly bipolarity of the system before the injunction of the Code of Criminal Procedure, the subsidiary application of the general duty of care in the Criminal Procedure is necessary.