THE ANALYSIS OF PREVENTIVE IMPRISONMENTS FROM THE PERSPECTIVE OF THE GUARANTEE OF PUBLIC ORDER AND ITS (UN)CONSTITUTIONALITY

Abstract

The article aims to analyze, whether preventive arrests from the perspective of the requirement to guarantee public order are unconstitutional. Through a deductive research method and dogmatic-bibliographic research of a qualitative nature, through consultations in works, legislation and jurisprudence relevant to the topic. Therefore, it should be noted that if there is the possibility of the magistrate using arbitrary interpretations to decree preventive detention without the objective of safeguarding the process, he is assuming an inquisitorial role, and therefore unconstitutional.