A prisão em flagrante e o sistema processual penal brasileiro à luz do pacote anticrime

Abstract

The present research seeks to delve deeper into arrest in flagrante delicto, which, as its nomenclature indicates, presupposes, among other possible requirements, the current occurrence of a crime typified among the criminal norms. However, the purpose of this work will not be to exhaust the content on such a procedural institute, much less to question its applicability over the years in the Brazilian social and legal context, on the contrary, the object in question will be the new procedural paradigm brought with the Law 13.964/2019, better known as "pacote anticrime", more specifically on changing the role of the judge in relation to this institute, dealing with the change regarding the possibility of converting flagrant arrest into pre-trial detention, as well as questioning and exposing different points of view on which model the Brazilian criminal procedural system corresponds to. debate that this research does not aim to close, but rather to treat objectively and better understand the impact brought by the anticrime package in this context, which translated into a greater inclination doctrinal basis for classifying Brazil as an accusatory system.