Duração das medidas cautelares diversas da prisão e a possibilidade de detração

• Autor(a) principal: Vieira, Angélica da Rosa
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5659
• topic: Processo penal; Medidas cautelares; Prisão; Direito penal

OBJECTIVE: The present work has as general objective to analyze the length of the precautionary measures different from the prison and the possibility of detraction. METHOD: For the accomplishment of the research the method of deductive approach was used, being based on a general proposition of the subject to reach a specific conclusion. Regarding the type of research, the exploratory method was used, adopting the bibliographic procedure. Regarding the approach, the qualitative method was used. RESULT: It was tried to avoid that the prison was the rule and freedom of exception, happening to avoid the jail both in the investigation phase and without process, that avoids that they were applied like precautionary prisons, they are of red flag jail, temporary detention and pre-trial detention, only when there is no measure for its replacement. CONCLUSION: From the study, it is noted that the procedural changes did not define the duration of the precautionary measures other than imprisonment, and it is up to the judge to establish a reasonable period of time, analyzing the gravity of the case, so that it can not restrict the defendant's right to freedom, until the end of the instruction. In addition, there is also no information in the legal text that allows the detraction of the penalty applied in the sentence, in relation to the time of compliance precautionary measures.