A MOTIVAÇÃO DA DECRETAÇÃO DA PRISÃO PREVENTIVA APÓS A VIGÊNCIA DA LEI Nº 13.964/19 NAS DECISÕES DO TRIBUNAL DE JUSTIÇA DA PARAÍBA

Abstract

This present academic work intends to analyze the motivation of the decisions that decree preventive custody, especially in the Court of Justice of the State of Paraíba, after the enactment of the Law nº 13.964/19. For this purpose, a historical and principled contextualization of the precautionary prison institute was made, highlighting the totalitarian origins of the Brazilian Criminal Procedure Code in contrast to the function to which this kind of contrition should be attributed before the final sentence. As a result, the duty to rationally justify decisions that decree the preventive detention of someone needs to be observed. This command was featured in the changes to the legislation on the subject arising from Law No. 13,964/19. However, after analyzing the decisions issued by the TJ-PB, it was found that the changes brought by the new law were not well received by the court in the state Paraíba, given that the decisions do not seem to consider the procedural function to which the precautionary arrest is due, in place of alternative measures to the restriction of liberty. All of this, as observed, is in disarray with the jurisprudence of the Superior Courts and the Brazilian criminal procedural doctrine.