PREVENTIVE PRISON AND ITS APPLICATION

Abstract

This article aims to analyze preventive detention, which is a measure that the judge can use to ensure that the process is followed without risk and in the safest way possible. However, when he decrees it illegally, it is possible to request a release from prison or a habeas corpus, to protect his right to come and go. Preventive detention is applied to prevent the accused person from committing new crimes, compromising or harming the progress of the process (by destroying evidence, fleeing or coercing witnesses. It can be ordered at any stage of the process. To be applied in a police investigation, it must be requested by the Public Prosecutor's Office or on behalf of a police authority. When requested within a criminal criminal action, it can be requested by the Public Prosecutor's Office. Furthermore, when the criminal action is in the private sector, such as in cases of crimes against honor (which affect the moral integrity of the person), preventive detention can also be requested by the plaintiff – who is the one who filed the complaint for criminal action, the “offended party”.