FUNDAMENTAL RIGHTS AND GUARANTEES IN THE FACE OF PRETRIAL DETENTION

Abstract

This study demonstrates how the Federal Constitution and Criminal Procedure, together, defend the fundamental rights and guarantees of individuals who have their freedom restricted by precautionary prisons, trying to preserve a more guaranteeing criminal law, respecting the dignity of the human person, and always having as a principle base the presumption of innocence. Thus, it is intended to identify which and how fundamental rights and guarantees are violated in precautionary prisons. This will be done through the analysis of Brazilian legislation in line with a bibliographic study of specific doctrines in the area, seeking to observe how this institution of precautionary prisons is treated in jurisprudence, as well as the analysis of statistical data on the subject in Brazil, with emphasis on the state of Rio de Janeiro. With this, it was found that individuals subjected to precautionary prisons, on several occasions, are victims of abuse by authorities, coercion, and State arbitrariness.