Aplicação dos standards de prova nas hipóteses de prisões preventivas

Abstract

The objective is to analyze the problem of the applicability of preventive detention, from the exposure of data that prove that almost half of the prison population in the Brazil is made up of individuals who have not been convicted, but are imprisoned in the modality of preventive detention. Thus, we sought to list the main points problems of the institute of preventive prisons that facilitate its trivialization and misrepresentation of their goals. The possible solutions of the modern doctrine and jurisprudence capable of solving the listed points, bringing up some precepts of legal epistemology and mechanisms of law plausible to limit the power of the judge, reducing their discretion when uttering decisions. Among them, the test standards, which were introduced and highlighted its nuances, types, advantages and disadvantages, to then be possible to do analytical considerations if the evidentiary standards are a means capable of checking greater efficiency and objectivity in decisions that decree preventive arrests. It was concluded that yes: the application of standards of proof in cases of imprisonment preventive it is an epistemological guarantee capable of intensely reducing the discretion of court decisions, preventing the subversion of the purpose of this Institute. However, it was decided that for greater use of the benefits of evidentiary standards, there should still be academic and legislative discussions to respect of adequate criteria, as well as their introduction in the order. legal must be done by law