LEITE, V. L. V.; http://lattes.cnpq.br/2814447017877765; LEITE, Vilayana Lopes Vieira.
Abstract:
The penalty sytem, since the state call-back of the power-duty of punishing the ones
who violate the penalty rules, matters as one of the most relevant social-legal issue
to many knowledge areas; besides being specially interesting to the current legal
scene. The present monographic paper has as objective to answer the following
question: Is there legal possibility of applying alternative precautionary measures to
the pre-trial detention in order to considerably contribute to a decrease in the number
of prisoners who overload brazilian prisons? Therefore, given the question, it is
pointed out, general objective title, the analysis of the alternative measures
effectiveness on the procedural detention on brazilian legal system context. In turn,
these are the specifical objectives: to realize an approach above the penalties and
the main penitentiary systems origin and evolution; to verify brazilian penitentiary
system current conjuncture, giving priority to the study of the overcrowding problem;
to identify the legal feasibility of the alternative precautionary measures to detention
and the consequent materialization of the pre-trial detention as ultima ratio. Aimming
to achieve the planned objectives, it is used the hypothetical-deductive approach
method, in which the judgments, formatulated given the hypothesis of the no.
12.403/11 Law contribution to the decrease in the number of temporary prisoners,
project the premise that deduct the profile of the brazilian criminal procedure reality.
Given this, under empiricism use, it is made the analysis of the research made by the
National Penitentiary Department. The research presentation is beyond a dogmatic
analysis, pursuiting a legal and doctrinal alliance, besides statistical datas about the
dealt question, concluding, in general, for the effectiveness of the alternative
measures.
