Juízo de periculosidade: entre a natureza cautelar da prisão preventiva e a fragilização da presunção de inocência

Abstract

One of the reasons provided in the Code of Criminal Procedure which authorizes the decree of preventive detention is the guarantee of public order, a term too broad and that has been used repeatedly to justify any measure restricting freedom. Thus, it is essential in a first moment the analysis of the institute of personal precautionary measures, its nature, purpose and requirements for its decree, as well as under quasi parameters the decision that the decrease should be based, in order to understand the limits inherent in the institute itself. Subsequently, it seeks to analyze the presumption of innocence in the Brazilian legal system, and if in fact it would fit into a rule or a principle to be applied in the process, as well as its compatibility with the remand in custody. Finally, we seek, in practical terms, to see how this concept has been used in the Criminal Chambers of the Court of Maranhão - TJMA and what parameters are used

by different rapporteurs. For this, in order to reach the desired result, we used the hypothetical- deductive method, whose procedure used was the bibliographical, seeking to survey books,

articles, legal provisions and documents on the subject, aiming, in the end, to confirm or reject the hypothesis that was initially raised, through the analysis of 11 (eleven) judgments of Habeas Corpus available at the discretion of the advisory of the judges who integrate the Criminal Chambers of the Court of Justice of the State of Maranhão, after the effectiveness of the Anticrime Package and the beginning of the return to normality after the pandemic of Covid- 19.