Brief notes on the precautionary prison terms in the Brazilian criminal justice system

Authors

  • Fábio Martins Pereira State University of Londrina
  • Fernanda Simões Viotto Pereira State University of Londrina

DOI:

https://doi.org/10.5433/1980-511X.2006v1n1p63

Keywords:

Prison, Definite prison, Prison without penalty, Cautionary prison, Flagrant arrest in, Temporary prison, Prison due to the pronunciation of judgment, resulting prison sentence condemning appealable, Preventive detention stricto sensu .

Abstract

This work has the greatest goal to make a summary of the interim nature of prison The species referred to in parental criminal jurídicoprocessual order. The prison, as a measure legitimately accepted peloEstado Brazilian, to exercise the ius puniendi, deserves to be approached carefully, sobpena to do irreparable errors in the social environment. Analyzing the maisdetidamente, see there will be a differentiation between the procedural prison nãoprocessual.Não prison also leaving to do the separation, within the prisãoprocessual gender, prison sentence of imprisonment without-pity. This is characterized by serdeclarada based on a judgment of guilt, and have acautelatório nature. Asdiversas species prison without-pity, or protective, - which are: the arrest in flagrante, the temporary prison, the prison due to indictment, the prisãopreventiva, the resulting prison sentence appealed and strict sense prisãopreventiva - have as foundation the Federal Constitution of 1988, which does not hesitate to give them expressly exceptional character.

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Author Biographies

Fábio Martins Pereira, State University of Londrina

Lawyer in Londrina / Pr . Professor of Public Law Department of the State University of Londrina and Catuaí Community College in Camberley / Pr . Specialist in Business Law from Universidade Estadual de Londrina.

Fernanda Simões Viotto Pereira, State University of Londrina

Lawyer in Londrina / Pr . Specialist in Civil Law and Civil Procedure at the State University of Londrina.

Published

2006-07-15

How to Cite

Pereira, F. M., & Pereira, F. S. V. (2006). Brief notes on the precautionary prison terms in the Brazilian criminal justice system. Revista Do Direito Público, 1(1), 63–78. https://doi.org/10.5433/1980-511X.2006v1n1p63

Issue

Section

Artigos