Audiência de custódia de Salvador: a garantida da ordem pública como fundamento da prisão preventiva.

Abstract

The purpose of this article is to demonstrate the degree of need for the custody hearing, due to the verification of regularity and legality regarding freedom, a right that is treated differently by the Federal Constitution of 1988, as well as by the international treaties of civil and political rights. Next, to analyze how the lack of reasoning of some decisions that order the preventive custody of the custodian in the Center of Prison in Flagrante of Salvador, may mean, above all, to reverse the logic of the presumption of innocence, instituting a dangerous presumption of not guilty authorized by the Federal Constitution when they use only vague and futurologist concepts such as "prevention of the reproduction of new criminal acts", "revolt and indignation in society" or even "maintenance of community social peace".