PRESUMPTION OF INNOCENCE ANALYZED IN RELATION TO THE DECREATION OF PREVENTIVE PRISON DURING CRIMINAL PROSECUTION

Abstract

The article highlights the indiscriminate use of pretrial detention concerning its grounds and requirements, especially regarding the guarantee of public order and economic order. In parallel to this, it is possible to observe the notorious influence of the Italian Rocco Code of 1930 in relation to the Brazilian Code of Criminal Procedure, given the inquisitorial system observed, albeit in a civilizing nature undertaken by the Democratic Rule of Law, aimed at safeguarding fundamental rights, such as the presumption of innocence. In this vein, the research problem is: to what extent does the inquisitorial use of the grounds for pretrial detention interfere with the presumption of innocence and fundamental rights before a final judgment? Thus, the objective was to analyze the violation of the presumption of innocence in the imposition of pretrial detention, considering the inquisitorial root of its use for purposes incompatible with the protection of this constitutional guarantee. As for the method used, the research was bibliographic, considering the need to gather as much knowledge and information as possible on the subject in question.