A progressão virtual da pena como instrumento de reconhecimento da normatividade dos princípios constitucionais e de garantia de direitos fundamentais do preso provisório.

Abstract

The reality of the Brazilian prison system has been moving in step with providing pertinent to the case, namely the Criminal Sentencing Act legislation, once for the state to achieve excellence in this kind of service, necessary to make the activity together the three branches of government. Get away from this kind of cooperation, for obscure reasons of public administration itself, the judiciary sees the obligation to adopt measures that are able to at least soften the prison chaos, such as the granting of a virtual pen progression the temporary prisoners when the prison situation of this class of inmates exceeds the barrier of legality, generating an avalanche of violations of various principles of constitutional order. This benefit caused some nuisance in the legal framework, with many comments - often incoherently and foundation - some in agreement, others criticizing its implementation. This scientific work through hypothetical-deductive method, analyzes the national legal system in order to verify the grounds for granting the benefit mentioned, discussing about their legal and social effects, rather than the prevalence of fundamental rights and guarantees enshrined the Federal Constitution, to then say that the virtual pen progression represents a major breakthrough for the Brazilian Criminal Procedure, boosting judicial activity to constitutional compliance, breaking with old paradigms and establishing a new order of legality, equality and protection of fundamental rights.