Requirements of the preventive prison and the application of the precautionary mea sure diverse of prison

Abstract

Currently probation is the usual precautionary measure to preserve the investigation or legal discovery. However, with the reforms introduced by Law 12.403/2011, the prison assumed character of exceptionality and must be ordered only in cases of demonstrated need and not be applicable diverse injunction from prison. Although the law has been in force for three years, decrees to probation when the presence of the requirements of article 312 of the Criminal Procedure Code, without first examining the possibility of imposing different injunction from prison. It is noteworthy that when absent the probation requirements should not be imposed several others precautionary prison, since the precautionary measures can not be imposed without being demonstrated their need.