THE REQUIREMENT OF PUBLIC ORDER BASED ON THE JURISPRUDENCE OF THE HIGHEST COURT OF JUSTICE
Abstract
The Constitution of the Federative Republic of Brazil of 1988 establishes the principle of presumption of innocence as one of its most significant foundations. It is from this principle that the idea of the exceptional nature of precautionary detention arises. Preventive detention is the most common precautionary measure, whose requirements are included in article 311. Public order is one of the measures available to the State to use this type of segregation. In this qualitative analysis work, we will analyze the requirement of public order based on the jurisprudence of the Superior Court of Justice, in order to understand how the Court has decided on the issue.
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