TEMPORARY FREEDOM: An analysis of the Criminal Procedure Code with the entry into force of Laws number: 12.403/11 and number: 13.964/19

• DOI: https://doi.org/10.22533/at.ed.21641124200510

• Palavras-chave: Freedom; Temporary; Prison; Law number: 12,403/11; Law number: 13,964/19.

• Keywords: Freedom; Temporary; Prison; Law number: 12,403/11; Law number: 13,964/19.

• Abstract:

  This article addresses the issue of temporary freedom, Title IX of Decree-Law number: 3,689, of October 3, 1941, in the context of Brazilian criminal legislation, highlighting the modifications introduced by Law number: 12,403, of May 4, 2011, and number: 13,964, dated December 24, 2019. The analysis considers the relationship between temporary release and the principles of due process and the presumption of innocence, guaranteed by the 1988 Constitution. 
  Temporary release is a right conditioned on the custody situation of the individual, being subject to legal requirements and careful judicial analysis. The study highlights the different types of prison that exist in the Brazilian legal system and highlights the types of temporary freedom, such as mandatory, permitted and prohibited. Finally, the impact of legislative changes on temporary freedom promoted by Laws number: 12,403/11 and number: 13,964/19 is discussed, recognizing advances and challenges in implementing this institute in the Brazilian criminal system.