RESTRICTION OF FREEDOM IN CRIMINAL CONCEPT

LIMITS ON PREVENTIVE PRISON AND PRISON AFTER SECOND INSTANCE IN CRIMINAL PROCEEDINGS

Abstract

This paper aims to analyze the limits of intervention in individual liberty in view of the application of the legal institutes of pre-trial detention and prison after the second instance. The problem of such legal measures is current, especially in view of the cases of curtailing the freedom of former presidents of the Federative Republic of Brazil: Michel Temer and Luiz Inácio Lula da Silva. The Constitution of the Federative Republic of Brazil of 1988 engendered prominence in the protection of fundamental rights, with the right of liberty analytically affirmed, assuring everyone the right to liberty and only exceptionally allowing its suppression before the final conviction. In such circumstances, there is an imperative need for a dogmatic approach to the right to liberty and its limits in view of its flexibility by the state, using a hypothetical inductive methodology, with concrete approaches and considerations around such institutes.