ANÁLISE DOS ELEMENTOS “FATOS NOVOS OU CONTEMPORÂNEOS” NA APLICAÇÃO DA PRISÃO PREVENTIVA À LUZ DO GARANTISMO PENAL: em busca da segurança jurídica

Abstract

This research aims to analyze a specific element of preventive detention, since it is a new element for the Criminal Process, derived from the Anti-Crime Package (Law no. 11,349/2019), which brings new paradigms of control of preventive detention, in search of of the legal regularity of preventive detention. Illegal arrests, which violate the Penal Execution Law, Federal Constitution 1988, Penal Code and Code of Criminal Procedure, must be exposed, so that they can be controlled, so that the innocent are not unduly imprisoned. Every innocent individual can only be arrested in exceptional cases, what has been done in practice is to make the arrest a consequence of police investigations, which is not flagrantly violating the fundamental rights of the accused, as it violates the human dignity of the accused. In view of this, this text discusses the institution of preventive detention, emphasizing the elements of new or contemporary facts, reflecting its disposition in the light of criminal guarantees.