PIMENTA, H. F.; http://lattes.cnpq.br/0639511903981205; PIMENTA, Herlânio Fernandes.
Resumo:
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