WHAT ARE TEMPORARY AND PREVENTIVE PRISONS?

            The Temporary Prison is a variety of prison, which aims to arrest the alleged indicted during a police investigation, provided that certain contribution requirements stipulated by the number of Law 7,960 / 89. It is enacted to ensure the success of a particular essential care to the ongoing investigation

            This is appropriate when: I - when essential for investigations of the police investigation; II - when the accused has no fixed residence or does not provide information necessary to clarify their identity; III - when there are good grounds, in accordance with any evidence admitted in criminal law, authored or participation of the accused in these crimes of murder, kidnapping, robbery, rape, drug trafficking, crimes against the financial system, among others. The duration of temporary detention, as a rule, is 5 days. However, there are specific procedures which stipulate longer terms so that the investigation can remain stuck temporarily.

                On the other band, the Preventive Prison is the most notorious prison of form and debated the legal system. It can be ordered both during investigations and in the course of criminal proceedings, should in both cases, are satisfied the legal requirements for its enactment. Article 32 of the Criminal Procedure Code, houses the requirements which may justify preventive detention, namely: a) ensuring public order and the economic order (prevent the defendant keep practicing crimes); b) of the criminal process (to prevent the defendant hinders the progress of the process, threatening witnesses or destroying evidence); c) ensure the application of criminal law (impossible to escape from the defendant, ensuring that the original sentence to be served).

                As well as the Art 313 of the same law that just scores:

            Pursuant to art. 312 of this Code, the decree of remand shall be permitted: (Writing amended by Law No. 12,403, 2011).

I - in felonies punishable by deprivation of liberty exceeding maximum four (4) years; (Writing amended by Law No. 12,403, 2011); II - if you have been convicted of another felony, in final judgment, except as provided in section I of the caput of art. 64 of Decree-Law No 2848 of December 7, 1940 - Penal Code; (Writing amended by Law No. 12,403, 2011). III - if the crime involves domestic and family violence against women, children, adolescents, elderly, sick or disabled person, to ensure the implementation of urgent protective measures; (Writing amended by Law No. 12,403, 2011). IV - (repealed). (Revoked by Law No. 12,403, 2011).

Single paragraph. Also preventive detention will be allowed where there is doubt about the civil identity of the person or when it does not provide sufficient information to clarify it, should the prisoner be placed immediately released after identification, unless another chance to recommend the maintenance of the measure. (Included by Law No. 12,403, 2011).

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