Domestic Violence and Pre-trial Detention

an enigma uncovered by the Anti-Crime Bill

Abstract

The crimes that occurred in the domestic sphere, when reported, demand a swift and effective State response, at least in order to prevent greater harm to the victim, since he is often on the side of the aggressor. In this regard, the objective of the present is to demonstrate that the precautionary measure consisting in the immediate decree of preventive detention of the perpetrator of the crime, even if primary, depending on the elements of the specific case, can be translated into the only immediate legal solution to safeguard the most cost of the human being: life. That is why the analysis of the suspect's prison need to commit a threat of crime against a spouse, descendant or ascendant in the domestic sphere cannot be limited to the quantum of the sentence imposed, in the abstract, for the crime. In this light, it is undeniable, still, to conclude that the law 13.964/2019 hardened the criminal justice system by establishing, for example, the possibility of immediate imprisonment in the Jury Court, after the conviction of a sentence of more than 15 years (article 492, I, “e” of the Criminal Procedure Code). Not infrequently, the concrete penalty to be fixed in condemnation of the Jury Court for the practice by the accused of the crime of femicide reaches this level. Therefore, the role of the judge in the criminal justice system and the apparatus of the judicial police in contrast to the preventive custody in the preventive modality before the arrival of the 'anti-crime package' are themes closely related to the disclosure of crimes committed at home.