CRITICAL ANALYSIS OF THE TERM “GUARANTEE OF PUBLIC ORDER” USED IN PREVENTIVE PRISON DECISIONS MADE BY THE CRIMINAL COURT OF SAPEZAL/MT

Abstract

This research is dedicated to analyzing the use of the term guarantee of public order as a basis for the decree of preventive detention, based on judicial decisions on preventive detention, handed down by the criminal court of the District of Sapezal/MT in the year 2023. The objective The central focus of the research is to investigate whether the principle of guaranteeing public order, when used as a justification for the imposition of preventive detention, infringes on the fundamental rights of the defendant. It is observed that the term guarantee of public order, as it is a vague expression and has an undefined concept, is formulated in a generic, arbitrary way and supported by an ideology of social defense that sees the defendant as an adversary to be neutralized and excluded from society . In this context, we propose an analysis of the doctrinal and jurisprudential concept of “public order”, especially the empirical analysis of the elements taken into consideration in the construction of this concept in the context of the imposition of preventive detention by the 1st degree court, which were subsequently analyzed by the Court of Justice of the State of Mato Grosso in requests for Habeas Corpus and in a collegiate decision, in the year 2023. We present data referring to this period, denouncing the selective nature of the criminal system, indicating the socio-racial characteristics of the recipients of pre-trial detention. We also examine the balance between security needs and the preservation of individual rights, arguing that detention must be proportionate to the crime and circumstances.