PREVENTIVE PRISON: A LOOK AT THE CRIMINAL PRINCIPLES AND CONCEPTIONS IN BRAZIL

Abstract

This article aims to clarify the criminal procedural character in the Brazilian federation, in a comprehensive look at the legal conception, according to the consensus under the procedural code of the forties. Moreover, the grounded and required regulation of criminal assumptions in the regulation legitimized in Brazil. The method used in the elaboration of this scientific article was through bibliographical research, inductively and the monographic procedure. In this circumstance, establish, also, the indications that guide the penal area, as well as, the penal procedural character to the foreigners. The explanations were formally approached, seeking to highlight the grounds through legal assumptions and doctrines regarding the applicability of the latter to the limits imposed in the Brazilian sphere. As a conclusion, it was found that the criminal procedural length is far from the characteristic mechanism of democracy and, depends on a legal conscience in carrying out a legislative reform, considering the panorama of precautionary arrests.