A Aplicação das medidas alternativas à prisão preventiva

Abstract

This paper proposes to examine the applicability of alternatives to remand, introduced by Law 12.403, of May 4, 2011, taking into account the Brazilian social and prison context. Law 12.403/2011 amended several provisions of the Criminal Procedure Code regarding the procedural arrest, bail, bail and innovation, especially with alternative protective measures to procedural prison, which seek to fill gap in Brazilian legislation, so restrict harmful environmental prison only to those who do not have any conditions to remain in social life. In general, the theme addressed aims to demonstrate the problem of over-incarceration in the procedural phase, analyzing the broad concept of the law and the practices that emerged after editing. For the preparation of the study, we used the descriptive exploratory methodology, based on inductive and analytical method. As a theoretical framework, statistical data were used, graphics, laws, doctrine, jurisprudence, as well as books and articles, among others, producing work with the contribution of various classical authors and researchers renowned experts in the topic discussed. Finally, we note that even after the enactment of Law 12.403/2011, almost half of the prison population remains of pre-trial detainees, highlighting the need to promote yourself profound paradigm shift that, on the one hand, equalize to prison situation in compliance with the constitutional rules and principles and on the other, speed up the judicial delivery in Brazilian criminal prosecution.