FLAGRANT ARREST AND ITS DUE FORMALIZATION BY THE COMPETENT AUTHORITY

Abstract

This article deals with the importance of the proper formalization of an arrest in flagrante by the competent authority, in accordance with the rules and procedures established by Brazilian law. The aim of this work is to analyse the legal conditions for arrest in flagrante and its proper formalization by the competent authority. The methodology used was bibliographical research, by consulting laws, doctrines and case law related to the subject. From a critical analysis of these sources, it was possible to identify the main elements that must be present when formalizing an arrest in flagrante, such as the need for immediate communication to the judicial authority and the guarantee of legal assistance to the prisoner. The results showed that arrest in flagrante is an exceptional measure and must be carried out in accordance with the law in order to guarantee the legality and effectiveness of the criminal process. In addition, it was possible to see that the lack of proper formalization can lead to serious consequences, such as the annulment of the entire criminal procedure. Based on the results and discussions presented, it can be concluded that the correct formalization of an arrest in flagrante is indispensable for the preservation of the individual's fundamental rights and for the broad and effective application of justice. Finally, public officials and citizens need to be more aware of the importance of this issue in order to ensure a fairer and more efficient justice system for society as a whole.