A inconstitucionalidade da vedação da liberdade provisória em crimes hediondos e assemelhados.

Abstract

The present monographic work will approach Law 8,072/90. known as Law of the Hideous Crimes, passing of its description and alterations suffered for the law, until the investigation of unconstitutionality of its devices before the principles constitutional. It has as objective the advanced of the related law, but specifically the analysis of its article 2°, interpolated proposition II, that this happening in controversy and emanated study of unconstitutionality. The law defines which is the hideous crimes and still gives some steps of criminal, procedural nature criminal and of execution of the penalty, happening in the torture crimes, of I traffic illicit of narcotics and terrorism. The existing problem was that the law appeared with the purpose to contain the devastadora wave of crime that haunted the society at the time, bred pressas and coated by errors that re-echo in our legal system. The prohibition of the free on parole in the hideous crimes already must have been modified for the legislator, even because the judges of the Supreme Federal Court possess more than what ability for the fact. What it cannot more exist is the unjust arrest of the defendant of hideous crime for the simple fact the same to be contained in the roll of Law 8.072/90. The methods used in the research had been the exegetico-legal sistemico and. Therefore, in order to justify you criticize them existing e, to cogitate the unconstitutionality of the prohibition of the free on parole in the Law of the Hideous Crimes, is that this research is effected, having aimed at to search a new reformularization of the Law and, therefore of the Code of criminal procedure, so that the same one is more efficient joust and.