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.
