Medidas cautelares diversas da prisão: humanização e socialização da instrução processual sem o necessário uso do meio segregatório

Abstract

This work aims to demonstrate aspects of prison in all his ways, explaining the evils of procedural prison when exaggeratedly applied at the expense of individual freedom as a response tool to a society saturated with impunity and calling for a court action to be practiced by the State Judge and present effective alternatives which, when used by the judiciary and executive power in consonance and harmony, give effect to the jurisdictional provision sought by individual or collective society and apply the rigors of the Criminal Law and Criminal Procedure Law to perpetrators of facts typical until a merit judgment is handed down without, however, depriving them of the constitutional right to "come and go" neither, nor, even more crammed the already overcrowded Brazilian prison system for many years vegetation stricken with genuine administrative collapse / functional. The various protective measures of preventive detention arise in the judicial context is a valid and effective alternative to please everyone involved in the criminal procedural relationship, satisfying the parties and society in its collective and intermittent quest for justice. The State of Tocantins has all the factors to be a pioneer in the effective application of the various precautionary measures from prison and in restructuring its prison system and its prison network, can act as an example for other states.