AN ACADEMIC STUDY ON THE HISTORICAL CREATION OF PRETRIAL DETENTION AND ITS USE IN THE LEGAL SYSTEM

Abstract

This scientific article seeks, through a historical construction, to understand the creation and foundations of pretrial detention, intending to demonstrate that since its beginnings, it has been used, as has the institution of punishment, as a form of spectacle. Although thought on these topics has evolved considerably, we consider that currently, regarding criminal law, there is a spectacularization that we understand to be harmful to the technical aspects of the application of law. The methodology chosen to construct this study follows the tradition of the dialectical method, combined with the technique of narrative-bibliographical review, under a qualitative approach, which allows us to conduct historical and social analysis, always exercising critical-reflective thinking. The possible results show that, over the years, there has been a great change in the procedural system, as well as in all legal norms, which have been perfected and adapted to current reality. However, we recognize that currently, there is still a spectacularization in the penal system related to imprisonment, which is often used for entertainment and violations of fundamental rights. Our perspective and intention is to contribute to scientific development, in order to understand, through this study without absolute beliefs, how the institution of arrest in flagrante delicto was born, from its origin to its application and constant violations currently considered in the Brazilian legal system.