A (in) constitucionalidade do artigo 310 §2º do código de processo penal, trazido pela lei nº 13.964/2019 (pacote anticrime).

Abstract

This paper addresses the theme of the Provisional Freedom Institute, considered one of the main instruments of collaboration for the guarantee of citizens' right to freedom. It appears that, over time, many legislative changes have been brought to the legal system in the search for greater effectiveness of its application, and, although most of the changes have been favorable and represented advances, the provision of article 310, § 2 of the Criminal Procedure Code, brought by Law No. 13.964 / 19 - Anticrime Package -, is among the amendments that brought doubts and debates to the doctrine about its questionable constitutionality. From this, it is asked: "Is the prohibition against provisional liberty provided for in article 310, paragraph 2 of the Code of Criminal Procedure paying attention to the precepts brought by the Federal Constitution of 1988?". It is in search of the aforementioned answer and culminating in the need for greater attention to the theme, as well as in the importance it represents in the practical world, that the present work arises, which aims to analyze the constitutional and jurisprudential rules on the subject, investigating its alleged unconstitutionality . For that, the deductive approach method is used, through the qualitative study of bibliographic literature, legislation, scientific articles and jurisprudence related to the theme. In the end, the conclusion demonstrates the total unconstitutionality of the device discussed, pointing out its non-observance to some constitutional principles, as well as to the precedent of jurisprudence that prohibit the provision of absolute prohibition of provisional freedom, leaving it to the scholars and enforcers of the law to seek to contribute to its extinction Brazilian legal system.