A prisão preventiva e a eficácia das medidas cautelares implementadas pela lei n° 12.403/2011.

Abstract

The present study deals with the issue of preventive detention and precautionary measures introduced by the Law 12.403/2011 , which brought very positive changes and its main characteristic is the introduction of a list of nine different precautionary measures from prison . Such measures are intended to ensure proper handling of the case , without necessarily the defendant is remanded in custody , as well as relieve the Brazilian penitentiary system. The methodology worked in the resourcefulness of the understanding reached in the present work was to literature , based on the latest doctrinal understanding about the Law no. 12.403/2011 , initially starting from the historical concept of the prison and its evolution . Also falls within the theme of probation, its legal grounds and species , waxing is finally in context of the precautionary measures , addressing in detail each of ending up on the issue of enforcement of precautionary . It is noteworthy that this law strengthens the current legal understanding that freedom is the rule and jail the exception. This follows from the principle of presumption of innocence , as well as the supreme principle of human dignity . The problems faced with the introduction of the Law in the Brazilian legal system , compared the effectiveness of protective measures is basically the lack of adequate oversight , due to the deficiency in the state structure , which generates often a sense of impunity on the part of society Overall , generating recurrence , which puts into question whether the implementation of precautionary measures were positive or not measured by the legislature. This is precisely the argument presented in this monograph , presenting the main innovations introduced by Law 12.403/2011 , such as probation, precautionary measures and their actual effectiveness