A conversão de ofício da prisão em flagrante em prisão preventiva à luz da lei 13.964/2019

Abstract

The present study examines the modifications conferred by Law 13.964 / 2019 (Law of the “Anti-crime” Package) in the application of the ex officio conversion of preventive detention resulting from the arrest in flagrante delicto, in the light of the Jurisprudence of the Superior Courts. As a more specific objective, this study retained the presentation of innovations brought by Law 13.964 / 2019 in the aspect of pre-trial detention and the Brazilian accusation system. With this, we seek to verify the legality of the conversion of office of the preventive prison resulting from the fragrant. In the methodological aspect, the research will have a bibliographic and descriptive character, using the Jurisprudence of the Supreme Federal Court and the Superior Court of Justice, as well as the understanding of the Federal Public Ministry. Regarding the results, the research revealed that the changes conferred by the “Anticrime” Package Law still cause certain doubts to scholars and legal operators in general, which reflected in the application of the law in a specific case, which may cause irreparable damage to citizens that their rights violated.