Prisões Cautelares: 50 Anos De Luta Na Efetivação Do Pacto De San Jose Da Costa Rica

Abstract

The present paper seeks to demonstrate that even after 50 years of the Pact of San Jose of Costa Rica, the problem of the role of the guiding principles of precautionary prisons is still being solved. The hypothesis is that the guiding principles of the pretrial detentions must have binding force when the occurrence of its decree or maintenance, always in the sense of guaranteeing the preservation of fundamental rights. The objective is to carry out a critical analysis of the guiding principles of the pretrial detentions, trying to verify their content and scope, as well as their level of compliance with the legislation. In order to reach the objective of the study, the inductive method was used, in addition to the documentary and bibliographic research resources. The researches were made through general and specific doctrines on the subject, as well as scientific articles, being used as the basis for the elaboration of the work the Pact of San Jose of Costa Rica. The research is justified by the contributions it can provide to the social field from a theoretical and practical analysis. Every pretrial detention restricts the freedom of the individual, so the decision that decrees or maintains it requires observance of principles. It is concluded that the guiding principles of pretrial detentions are fundamental to their application. Principles must have normative force and, if necessary, overlap with infra-constitutional provisions and unconstitutional decisions, which jeopardize the fundamental rights of freedom.