Prisão preventiva: análise acerca da relação do art. 312 do CPP com o direito penal do inimigo e seus possíveis reflexos no encarceramento

Abstract

The main objective of this work is to identify the links between the criminal law of the enemy with the institute of pretrial detention, and for this, the relevant legislation will be analyzed, with the amendments brought about by the anti-crime package, as well as the doctrinal and jurisprudential understandings on the subject. In such a way that the characteristics of Gunther Jakobs' theory and its possible connection and application in the Brazilian legal system are observed, as well as its reflexes and contribution to the growth of the prison population in the country. As well as through the exploitation of concrete cases, identify if there are "enemies" in the Brazilian sistheme and who they are. Thus, it aims not only to delimit the application of provisional prisons, pointing out incongruities in their application, but also to examine their possible incompatibilities with a constitutional criminal process, so that alternativas are discussed for the constant growth of punishability through prisons.