A ordem pública como garantia para decretação da prisão preventiva: uma análise da Jurisprudência Potiguar
The main objective of this study is to study the guarantee of public order as a basis for the enactment of preventive detention, since there is no legal conceptualization of the expression in the current legal context, although it is widely used. Initially, we analyzed the institute of precau...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51655 |
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| Resumo: | The main objective of this study is to study the guarantee of public order as a basis for
the enactment of preventive detention, since there is no legal conceptualization of the
expression in the current legal context, although it is widely used. Initially, we analyzed
the institute of precautionary prisons and its legal modalities, namely: arrest in the act,
temporary arrest and preventive detention. Subsequently, the central object of this study
was the analysis of the concept of the term "public order" in the doctrine and
jurisprudence of the Federal Supreme Court and Superior Court of Justice, taking as
theoretical reference the ideals defended by Renato Brasileiro de Lima (2016), which
distinguishes 03 (three) currents in doctrine and jurisprudence: a first (minority) current;
A second chain, of restrictive character and a third chain, with an amplifying character.
Finally, applying the assumptions studied in the two previous ones, it was tried to explain
how the guarantee of the public order has been used by the Court of Justice of Rio
Grande do Norte to justify the decree of preventive detention. |
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