LAW Nº 12.403/11 ON THE LENSES OF THE PRINCIPLE OF THE LEGAL PROCESS AND REGIONAL DEVELOPMENT

Abstract

The purpose of this scientific article is to analyze the normative provisions and the changes caused by Law No. 12,403/11 to the Code of Criminal Procedure as alternative measures to imprisonment and mandatory analysis by judges before determining social segregation from the perspective of the principle of due process. The proposed theme seeks to identify and analyze not only the literal meaning of the Law, but, above all, the values to be protected and the intended scope. It was observed that, in general, the new Law offers criminal procedural instruments aligned with a constitutional criminal process, facilitating the achievement of a fair result. On the other hand, it is important that legal professionals duly apply the new Law, otherwise it, like so many other legal texts, will be forgotten, creating a gap between theory and practice, which would result in the loss of a valuable opportunity to ensure a more balanced and proportional criminal process. Thus, the general objective of this study was to understand and analyze Law 12,403/2011, which modified the system of guarantees and the application of precautionary measures in criminal proceedings, promoting a more balanced and proportional approach. The specific objectives were to analyze the application of precautionary measures other than imprisonment. The data presented in this research, on the other hand, result from an investigative study carried out through documentary research of legal texts such as the Federal Constitution (CF), the Penal Execution Law (LEP), the Code of Criminal Procedure (CPP) and bibliographic sources related to the topic addressed. In short, Law 12,403/11 aims to make the criminal justice system more fair, efficient and balanced, offering alternatives to preventive detention for those who do not represent a real risk to public order, procedural investigation or the application of criminal law.