Audiência de custódia de Salvador: a garantida da ordem pública como fundamento da prisão preventiva.
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Date
2019-06-13
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Universidade Católica do Salvador
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".
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Keywords
Audiência de custódia, Prisão preventiva, Garantia da ordem pública, Custody hearing, Preventive arrest, Guarantee of public order