EX LEGE PRISON: AN ANALYSIS OF ITS (IN)CONSTITUTIONALITY

  • Vitória Piffer Colombo

Abstract

Due to several constitutional and procedure principles that are very important to the rule of law, preventive detention should be used exceptionally, and may be ordered only by the judge, in a reasoned manner, respecting the presumption of innocence. Law No. 13,964/2019 established two cases of mandatory detention, putting in doubt if those postulates were observed. Thus, this paper analyzes the compatibility of the new provisions with the Federal Constitution and other rules present in the Code of Criminal Procedure itself.

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Published
2024-07-19