PRISÃO EM FLAGRANTE E A PRESUNÇÃO DE INOCÊNCIA: IMPLICAÇÕES NO PROCESSO PENAL

Abstract

All individuals have the right to freedom, as provided for in the Federal Constitution of 1988, prison should only be an exceptional measure and no one can be considered guilty before a final conviction. flagrante delicto and the presumption of innocence and its implications in the Brazilian criminal procedure, with the investigation based on an analysis based on Fundamental Rights. The general objective of this research will seek to analyze, in the light of fundamental rights, whether there is legal compatibility of arrest in flagrante delicto in criminal proceedings, against the principle of presumption of innocence, expressly provided for in art. 5, LVII, of the 1988 Constitution of the Federative Republic of Brazil. The research methodology is based on a bibliographical or literary review, through the analysis of several theories, present in jurisprudence and doctrine, in addition to scientific articles, available in several databases, especially SCIELO and Google Scholar. It was concluded through this research that there is only unconstitutionality of arrest in flagrante delicto in face of the constitutional principle of the presumption of innocence if the formalities referring to the measure of restriction of freedom are not respected.