Inconstitucionalidade da proibição da concessão da liberdade provisória no artigo 44 da lei nº 11.343/2006

Abstract

The Constitution of the Federal Republic of Brazil shall, as a general rule, the freedom of the individual, allowing exceptions only in extreme situations that would justify the arrest, and are provided for in Article 312 of the Code of Criminal Procedure. A monograph that presents itself, is about the Law 11343/06, and more specifically its Article 44 that, following the same tendency of legal rules already outdated, prohibits the application of provisional liberty to defendants to answer for the crime of trafficking in drugs. With the advent of Law 11464/07, which amended Article 2 of Law 8072/90 (Law of heinous crimes), rather than prohibit the granting of this benefit, it questions the applicability or otherwise of the new Law on Drugs, with regard to the aforementioned provision prohibitive. Much is said that the Law 11,464 would have repealed the aforementioned Article 44 of Law No 11343, because it is subsequent law, as some argue the unconstitutionality of this device for several injure constitutionally enshrined principles. All this discussion will be here, objectively analyzed.