SILVA, D. M. M.; http://lattes.cnpq.br/4194803063737977; SILVA, Débora Maria de Medeiros.
Résumé:
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.
