Prisão preventiva : uma análise da garantia da ordem pública e das inovações trazidas pela Lei 13.964/2019.

Abstract

The theme of this monograph is the guarantee of public order as a basis for the enactment of preventive detention in the Brazilian criminal procedure and its applicability under the aegis of Law no. 13.964/2019. The works purpose is to analyze the use of public order after the changes brought by the Anti-Crime Package, in order to verify if the legislative innovations were able to mitigate the problems arising from the conceptual vagueness that permeates this fundament. In these terms, the questioning of the work is: do the provisions of Law no. 13.964/2019 reduce the legal uncertainty arising from preventive detention based on the guarantee of public order? The approach method used is deductive, so the work was organized based on doctrinal, bibliographic, normative and jurisprudential research, starting from the understanding of the different types of prison existing in Brazil, to then carry out an analysis of the provisions of the Anti-Crime Package, especially those applicable to preventive detention, to finally study the institute of preventive detention and the guarantee of public order according to doctrinal and jurisprudential discussions. Consequently, the study of this theme is of fundamental importance, because it deals with a restriction on the right to freedom of individuals, whose use has been trivialized, largely due to the failure to comply with its requirements and assumptions and the adoption of indeterminate legal concepts to support its enactment, even in the face of the tightening of the rules operated by Law 13.964/2019.