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A Incidência do princípio da homogeneidade nas Medidas Cautelares Iniciais a partir de uma análise da perspectiva da pena
| Content Provider | Semantic Scholar |
|---|---|
| Author | Araújo, Gabriela Garcia |
| Copyright Year | 2018 |
| Abstract | The criminal procedure, currently, is faced with the challenge of reconciling fundamental rights constitutionally guaranteed with the aspirations of a society who claim for punishment and effectiveness of the State’s crime repression. Among this conflicts, this paper pays especial attention for the compatibility between the presumption of innocence principle and the initial precautionary measures, especially pre-trial detention. For the existence of compatibility between the two institutes, it would be necessary that the precautionary detention were used as a exceptional measure, only applied in cases of extreme necessity. The homogeneity principle comes, exactly, with this goal, since it establishes that can’t be imposed to the indicted a precautionary measure that is more harsh than the final penalty that would be applied in the end of the criminal procedure. However, the tendency to imprison remains latent in the judiciary system. In a series of decisions, can be seen the clear disproportionality in the impose of the pre-trial detentions. For that reason, this paper is focused in the necessary search of alternatives with the purpose of give effectiveness for the homogeneity in the pre-trial measures, presenting, as an option, the analysis of judicial circumstances, done by the initial judge of the case, that would be enough to check the possibility that the penalty imposed to the indicted at the end of the criminal procedure would be, for sure, prison in a closed system. Was also analyzed the jurisprudence of the Superior Court of Justice about this subject, and the jurisprudence of some of the Court Justice’s states, focusing, this last ones, in the practical cases of the crimes of aggravated theft and the trafficking of drugs, in a privileged modality. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://www.repositorio.ufba.br/ri/bitstream/ri/28192/1/Gabriela%20Santos%20Garcia%20de%20Ara%C3%BAjo.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
