Análise da (in) constitucionalidade do fundamento da garantia da ordem pública na prisão preventiva

Abstract

The present work aims to relate the principle of the presumption of innocence with the guarantee of public order in preventive prisons through bibliographical surveys, demonstration of concrete cases and jurisprudential analysis. With the aim of demonstrating how preventive detention is addressed nowadays when based on the guarantee of public order, considerations will be made about the constitutional principle of the presumption of innocence, later, concepts about Pretrial Prison and its legal assumptions will be discussed, as well as its relationship with the principle in reference. Finally, data will be collected on how the requirement of the Guarantee of Public Order in preventive prisons brings great legal uncertainty to society, also offending the principle of the presumption of innocence.