As medidas cautelares diversas da prisão e sua aplicabilidade no âmbito da justiça castrense

Abstract

Since the enactment of Law No. 12,403 / 2011, the dogmatics regarding personal precautionary measures set forth in the Criminal Procedure Code have undergone a major alteration, aiming at such measures to be presented as alternatives to avoid mass incarceration in the Brazilian legal system. However, this possibility has not been expressly extended to Military Criminal Law, which generates debates about the application and effectiveness of these precautionary measures in the context of the Military Justice. In this perspective, the present study seeks to discuss the various precautionary measures of the prison, with a view to verifying their possible applicability in the scope of the Military Criminal Procedure. The present research is relevant to the fact that, although the military police are charged with the function of acting in ostensive policing and in preserving and maintaining order, these institutions are not immune to illicit behavior by bad agents, which triggers the application of the military criminal proceedings, and may even culminate in a prison sentence. In view of this, it is important to discuss the possibility of applying the various precautionary measures of the prison in the scope of the Military Justice