Análise da Lei nº 12.403/11 à luz dos princípios constitucionais da presunção de inocência e da proporcionalidade.

Abstract

The scientific work for now developed lens of analyzing the new Law federal n.° 12.403/11 to the light of the constitutional and procedural beginnings penal Brazilian, demonstrating that through the analysis of some of the promoted alterations adaptation is evidenced to the beginnings printed in the Federal Constitution of 1988. Before the exegetico- juridical and historical-comparative method, leaning on in the theoretical study of the distinguished doctrine, it consults to goods and effective legislation, the consonance of the constitutional beginnings is analyzed with the Law n.° 12.403/11, mainly with the beginnings of the innocence presumption and the one of the proportionality with your subprincipios of the need and adaptation, and the possibility of your immediate application with the entrance in vigor of the referred law. The research still analyzes, the possibility of existence of a process cautelar and your autonomy, beginnings and presupposed of the measures penal cautelares, as well as, the measures typical cautelares as the protective custody, the temporary prison, the prison due to condemnatory penal sentence, the prison due to pronunciation, and the temporary freedom, before the coming of the new legislation. It is finally, it is also analyzed the measured new alternative cautelares to the prison implemented by the law, in general way through the general and specific presuppositions, and in specific way through the analysis of the details of each one of them, being evidenced that you/they are tried more and more to avoid the prison as measure exalts that is before a guilt proof and a possible application of private feather of freedom advinda with the final judgement of the penal procedure, seeking to demonstrate and to defend the thesis that referred her law it is in agreement with the constitutional ditames.