Prisão preventiva: atendendo a garantia da ordem pública ou temendo os efeitos da opinião pública?

Abstract

The decision by the democratic rule of law leads the judiciary to the observance of constitutional principles in applying the tools of criminal procedure, such as limits on the role of state power. Among these tools is pre-trial detention, a precautionary measure that can be ordered at any stage of police investigation or criminal action, when there is proof of crime and sufficient indication of authorship, is to ensure eventual execution of the sentence, is to preserve public policy and economics, for convenience is the criminal investigation. In this context, it is necessary to analyze the content of legal interpretation, doctrinal and jurisprudential the word public policy as grounds for decreed pre-trial detention. As specific objective, pointing to: understand what is a prison and its provisional character of caution; differentiate the meaning of the term public outcry for social evaluate the influence of media on the decisions of the judiciary when decreed preventive detention, identify the possible legal changes regarding the decreed detention in the text of the Draft Act 4208/2001. The literature search and virtual-documentary, takes place using the methodsevolutionary history, when the office of imprisonment and legal-exegetic for understanding the office of custody with their unique features. From this analysis it appears that the aim of legal uncertainty, the Judiciary from the argument to ensure public order, associating the term comes to social outcry, the fender of the credibility of Justice, the seriousness of the offense, the presumed danger of the agent and passed the crime by the media, and that such situations do not justify the decreed custody of, this interpretative stance offends fundamental rights and principles in the Federal Constitution and the principle of the state of innocence. It points out the need for a restrictive interpretation of when the above decreed far, with the same character precautionary tuesday and be based on concrete facts, with strict observance of fundamental rights specified in the Brazilian Federal Constitution.