The New Rule of the Preventing Measures in the Brazilian Criminal Procedure Law: Judicial Subjectivity and Constitutional Criticism.

Abstract

This approach is summarized in particular in a substantial analysis of some of the main innovations incorporated into the Criminal Procedure Code by Law n. 12.403/11 and its consequences in view of the new constitutional order. The problem is centered in the new procedural devices that add up to a microsystem application specific procedural measures, authorizing of the application of a range of alternatives precautionary measures to procedural prison. One of the start-up propositions of the current Brazilian Constitutional Law is that the State must promote and respect the existence worthy of human beings valuing it both in its individual dimension as a context of social justice. The plea guides a plurality of key elements, which, though heterogeneous, maintain a concatenation each other, justifying the existence of the democratic state. Not only as a Republican foundation, but mainly as a guiding rule creation and interpretation of legal standards, human dignity establishing a new concrete constitutional order making it a fundamental rights application base that, in turn, lining up as the primary core of existence and justification of the state body, his biggest reason. The method employed is the direct, document analysis, inference about the system that currently governs the measures that matter to a lesser restriction on individual freedom by aligning the current thinking of the higher courts in Brazil.

Keywords

• Medidas cautelares
• Garantias
• Prisão
• Liberdade