DETENTION, PAROLE AND OTHER PERSONAL CONSTRICTIVE PREVENTIVE MEASURES ACCORDING TO ACT 12.403/11

Abstract

Personal constrictive preventive measures were significantly modified by Act 12.403, edicted in May 4, 2011, which has altered articles of Brazilian Criminal Procedural Estatute. Two kinds of judiciary preventive detentions are predicted: temporary detention and preventive detention. Police arrest without judicial warrant has been reallocated to simple administrative act submitted to judicial control. Legal prevision to imposition of personal constritive preventive measures ex officio is inconstitucional due to offense against accusatory system. The number of personal constrictive peventive measures was amplified. Bail values have been increased and can be estipulated by police authority in maximum 4 year punishment crimes. Habeas corpus is the adequate remedy to repair excessive bail infliction. Preventive detention é admissible in case of other preventive measures disodebience, and may be assigned as domicile custody.