Penal detraction by application of precautionary measures different from the prison

Abstract

The following project aims to study the penal detraction and its application to the precautionary measures introduced by the Law 12.403/2011, which expressly allowed the application of precautionary measures different from prison and bail in Brazilian system. More than just an important institute of Criminal Law, penal detraction must be faced as an institute which provides the equity in the execution of the sentence. Nowadays, the Brazilian Law allowed the penal detraction only when a precautionary arrest happens and not when other kind of precautionary measure is applied. The Law 12.403/2011 predicted nothing about that, and this omission is being very criticized by Criminal Law experts and other Brazilian jurists. Firstly, this study will be about evolution of the Criminal Procedure to the actual scenario and also about the theory of punishment, aiming to search the real purpose of the punishment and intending to, after that, compare it to the results of the application of precautionary measures different from the prison. This study will also be about the penal detraction and about the precautionary measures introduced by the recent amendment of the Criminal Procedure Code to, finally, get to the tangible hypothesis of solution of the problem presented, starting from doctrinal discussions and from the relevant decisions of the judges and Courts about the topic.