As medidas cautelares diversas da prisão como forma de efetivação do princípio da presunção de inocência

Abstract

The precautionary measures different from the prison arose in the Code of Criminal Procedure, by means of the advent of Law no. 12,403 of 2011, are also known as personal or alternative measures to imprisonment, these measures are intended to protect criminal proceedings and criminal investigation, ensure the effective enforcement of criminal law and prevent the accused or investigated from committing new criminal offenses. This paper aims to present the concept of precautionary measures different from the prison, its fundamentals, objectives, assumptions and precautionary This article aims to present the concept of precautionary measures different from the prison, its foundations, objectives, assumptions and preventive modalities. The paper also discusses the relation between measures different from the prison and the presumption of innocence. It's a principle demonstrated in section LVII of article 5 of the Federal Constitution, which guides the Brazilian legal system. This principle states that the individual should not be considered guilty until the final judgment. The paper was carried out through research in several books of authors respected in the legal world.