Perspectiva preambular acerca da aplicação da prisão preventiva com escopo na ordem pública

Abstract

Beforehand, it is important to state that the problem of applying preventive detention is an emerging issue in the contemporary national situation. Given these premises, it is stated that preventive detention is an auxiliary mechanism for the police investigation or for the criminal action itself, which serves to restrict the freedom of a particular individual who disturbs the aforementioned relationships. In the same context, it is considered that preventive detention is a type of precautionary measure, which demands a sensitive need to restrict the freedom of a given citizen in order to regulate the process. In another aspect, there is another aspect of this monograph, which is precisely the issue of the decree of preventive detention with scope in public order. As it is an abstract legal concept endowed with inferences, the term “public order” is capable of causing the exacerbated application of the aforementioned prison mechanism, since for a wide range of society, public order is a state of normality. Through the aforementioned notion, there is the driver of the problematic that the present monograph outlines. The misuse of preventive detention alleviates the sense of impunity for some and increases the pattern of legal uncertainty for other citizens. Based on these premises, it is stated that the social repercussions of a given criminal fact and the agent's freedom (even if momentary) lead to social outcry and a sense of impunity. In this way, the population itself calls for the punishment of that subject in advance, even if the criminal action is not final.