O linchamento enquanto fundamento de ordem pública na prisão preventiva

Abstract

This research targets to analyze lynching as a justification for preventive detention ruling by a Court. At first, the assumptions to order that detention were spotted, such as the concept of the Law Enforcement guarantee aiming at the welfare and harmony in society. Furthermore, it was supposed to understand what is lynching, its causes and characteristics, as well as to demonstrate that such event clearly dissent the law, if one take into account what popular justice means and howthose executioners practice revenge. Lastly, we have examined case rulings issued by both Paraná and São Paulo State Court of Appeals to expose whether the lynching argument for pretrial detention was accepted or not, on what grounds and its extent. This research has as its main methodology the deductive method through the collection of data of the sites of said Courts, while searching for key terms, which is “Lynching” and “Pretrial Detention”. We infer that the purpose of the accepted grounds is to maintain or reestablish law enforcement, in like manner to assure rights to the suspect, since there is a real danger if he is set free at that time.