Da liberdade provisória e da fiança: uma análise de suas implicações no exercício da cidadania.

Abstract

The 1988 Federal Constitution guarantees the individual's fundamental right to freedom of movement, all granted the right to go, come and stay. It's entrenchment clause. Is exceptionally allowed the state to restrict the right of freedom of the individual. The rule is, therefore, freedom, the exception is the deprivation under the law. Currently, there is much discussion about the remarkable selectivity in the criminal justice system, from law enforcement officers until the final action. It discusses mainly about the disparity in treatment accorded to least and most advantaged economy. Isso reflects greatly on the time of grant of bail and bail both by the police authority as the judge, opposing the idea that governing them, which is, to prevent any person, before finally dismissed, have his freedom curtailed, allowing it to continue to enjoy the right to liberty guaranteed to every person, regardless of socio-economic bearing. Thus, this research aims at analyzing the peculiarities of the institutes of bail and bail in light of constitutional principles. Specific objectives are: to identify the historical and legal institutes of bail and bail, to establish parameters of systematic analysis of the institutes as instruments of citizenship. To achieve these goals is employed as a method is employed as a research method and the abstractdeductive method as the procedural and legal exegesis, aided by the historicalevolutionary, doing everything by using the technique applied in literature texts, doctrinal, jurisprudential and scientific. As a result, through the theoretical development grounded in specialized reference materials on the issue, it has to be investigated in the legal institutions should express the true embodiment of the will of constituents, namely, the full exercise of citizenship. We present also, suggestions for a modification of laws provisions, in order to broaden the scope of these precautionary measures, in order to enhance its scope of work and achieve, more effectively, its primary purpose, which is, to preserve the freedom of individuals, establishing it as a rule that may be hampered, not as an exception.