O PRINCÍPIO DA PRESUNÇÃO DE INOCÊNCIA FRENTE AO ENCARCERAMENTO PROVISÓRIO

Abstract

Given the importance of preserving the state of freedom of individuals as a true corollary of the dignity of the human person, research is carried out on the presumption of innocence and non-provisional incarceration. Thus, the general objective of this research was to discuss the principle of innocence, systematically analyzing its aspects in relation to the hypotheses of provisional incarceration in the national legal system. Regarding the methodology used, exploratory, qualitative, documentary and bibliographic research is used, aiming for a better understanding of the phenomena studied. It is concluded that the principle of presumption of innocence prevails in the legal system, and freedom should be the rule, until a final criminal conviction is reached. However, provisional incarceration may be usedexceptionally, and judges must present suitable reasons and assess the insufficiency of less severe measures to achieve the intended objectives.