Ausência de detração para o cumprimento de medidas cautelares de direito diversas da prisão e a violação aos princípios penais

Abstract

Currently Brazil has a list of judicial measures that can be applied before the final judgment of a person accused of a crime, in order to guarantee due process of law. These measures are exceptional, and because they do not allow full freedom, the judge, in preparing the final decision for the case, should consider the onerousness of such a measure, so that it considers already fulfilled the amount of penalty proportional to the restriction or deprivation of liberty occurred in the past. It is notable in the legal community that there is a need for specific regulations on the subject, since Brazil is one of the signatories of the Pact of San José, Costa Rica, which argues that no one can be held responsible twice for the same fact, which occurs when someone is subjected to a prohibitive or restrictive measure of rights, for an indefinite period, with no guarantee that this burden will be seen as payment of part of his debt to society. As a result, this monograph seeks to prove the possibility and necessity of adapting the Brazilian legal system to its basic principles, mainly because it is a branch of the law considered ultima ratio.