O fundamento da garantia da ordem pública para fins de prisão preventiva: um estudo das audiências de custódia nos casos relativos à lei de drogas na Cidade de Salvador.

Abstract

The present research deals with the construction of the foundation of the guarantee of public order for purposes of preventive detention in the judicial decisions arising from the custody hearing in cases related to Law 11.343 / 06. The main objective of the study is to evaluate whether the foundation of the guarantee of public order as a hypothesis of pretrial detention is in line with the precepts of the Democratic State of Law. It should be noted that the aforementioned ground, because it is a vague and indeterminate term, is constructed in a generalized, arbitrary and nurturing manner by an ideology of social defense that elects an enemy to be neutralized and segregated from social life. In this sense, it is proposed to examine the doctrinal and jurisprudential concept of "public order", in particular to the empirical analysis of the elements considered for the construction of this concept in the scope of the preventive custody order in custody hearings, specifically in cases related to the Law of Drugs in the period from December 2016 to February 2017. Data on the same period are presented, denouncing the selective and racist nature of the criminal system by indicating the socioral characteristics that are the recipients of preventive incarceration. It also examines the policy of war on drugs, as well as concepts and theories formulated by criminology, which in the eyes of the researcher, relate to the object under investigation.