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Indemnity of preventive prison front its exceptionality - law no. 12.403/2011

Grant number: 12/02291-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): July 01, 2012
Effective date (End): December 31, 2012
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Marisa Helena D'Arbo Alves de Freitas
Grantee:Samantha Fantim Buratti
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The object of this present study is the analysis of new types of preventive prison and how they are defined in Law No. 12.403/2011, seeking to identify hypotheses that would warrant indemnity when their use is improper. The object of this present study is the analysis of new types of preventive prison and how they are defined in Law No. 12.403/2011, seeking to identify hypotheses that would warrant indemnity when their use is improper. Thus, the importance of considering the State's obligation to indemnify those who were deprived of their liberty, without final conviction, in order to guarantee public order and security of the process, occurring, not infrequently, the enactment of arrests without proper justification or even without actual need for such. Thus, the importance of considering the State's obligation to indemnify those who were deprived of their liberty, without final conviction, in order to guarantee public order and security of the process, occurring, not infrequently, the enactment of arrests without proper justification or even without actual need for such.(AU)

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