Ordem pública como fundamento da cautelar preventiva.

Abstract

This monograph aims at a study of the branch of Criminal Process regarding the Preventive Detention, which will be addressed in particular the guarantee of public order as a basis for their enactment, so that we as initial object the analysis of precautionary detention and procedural criteria to be observed for adjudication of such imprisonment. The main focus of this study will find a place in some of the controversies surrounding the insufficiency of ensuring public order as a basis for remand, namely, the lack of a precise concept for the expression “public order”, giving it meanings fleeing its real purpose and the constitutional principles affronted by misuse of that plea, as presumption of innocence and reasoning of judgments. The technique used was the analytical interpretation of the law and the doctrinal position and legal analysis of some judged concerning these controversies, using as a method of deductive approach. Through this study you can understand that it is the guarantee of public order, analyzing the shape that it has been given to this foundation, since it has served to justify precautionary arrests improperly.