Inconstitucionalidade do artigo 26 da lei estadual nº 13.407 de 21/11/2003

Abstract

The objective is to analyze the constitutionality of Article 26 of Law No. 13407 of 21/11/03, in particular the transitional collection, where it presents itself as a new kind of prison, bringing with it a huge inconsistency with the Constitution of 1988 and other standards as infra: the Code of Criminal Procedure and the Code of Military Penal Procedure. Noting that the Constitution of a country is the supreme law, and as such must be foundational to other standards to be prepared, for failure to comply will result in a rule that cannot have force in law. We carried out an analysis of some fundamental constitutional principles, which must be observed so that the individual's freedom is curtailed, this freedom that can only be secreted in flagrante delicto or by written and reasoned judicial authority, as well asserts our Constitution. There are types of existing prison in Brazil, its concepts, fundamentals, cases that are allowed and their duration. And at that point, be realized in no time gathering transitional compatibility with other precautionary measures. We analyzed in particular the collection transitional concept, the requirements for its enactment and, therefore, they were obviously out of inconsistency with the Magna Carta, and laws regarding infra, was arbitrary, since for the enactment of measures precautionary existing in the Brazilian legal system is vital that the crime is serious in nature, while for the enactment of the gathering it is not necessarily transient. Therefore, we can only claim its total unconstitutionality presented by the requirements and demand that this precautionary measure is purged from our land through a direct action of unconstitutionality, however, how this arbitrary standard cannot be part of a democratic state like ours.