THE NECESSITY OF MOTIVATED DECISIONS TO IMPOSE PRE-TRIAL PERSONAL MEASURES IN THE STATE OF LAW

Abstract

This paper aims to study the personal precautionary measures and the necessary justification for its decision by the judge in the context of the Democratic State of Law. For that, it was demonstrated the changes resulting from Law 12.403 / 2011, the acceptance of substitutive measures to imprisonment, turning this into a last ratio measure. It was found that the requirement and the reason for demonstrating the necessity and adequacy of pre-trial detention are the same for any personal precautionary measures in order to impose restrictions on freedom - alternative measures of art. 319 CPP - before the final criminal conviction. It sought to delimit the role of the parties and the judge in the Democratic State of Law, as well as understand the principles that constitute the constitutional model of process - contradictory, broad argumentation, impartial third party and reasonable decisions, taking into account the specificities of criminal procedure - accusatory principle and presumption of innocence.

Keywords

• pre-trail personal measures
• motivated decisions
• constitutional model of process
• criminal procedure
• state of law