A GARANTIA DA ORDEM PÚBLICA COMO FUNDAMENTO PARA DECRETAÇÃO DA PRISÃO PREVENTIVA

Abstract

The present work aims to analyze in detail the institute of preventive detention decreed as a guarantee of public order, within the scope of Brazilian Criminal Procedural Law, analyzing it according to the principles produced in the Magna Carta and the provisions of the infraconstitutional law, pointing out the setback in the criminal process by trivializing it when using a vague term that produces legal uncertainty. Although preventive detention is a means to ensure the regular follow-up of the process, it is certain that in some countless cases the aforementioned institute is not used for this purpose, serving only as a means of anticipating the penalty, which, according to the principle of presumption of innocence foreseen in the Federal Constitution, should not occur. It is concluded that preventive detention must be decreed only in exceptional and specific situations, and must be substantiated and that the use of a vague plea subject to different interpretations causes legal uncertainty in the criminal process, which is why the State must ensure that the constitutional principles are adhered to.