SUMMARY
When drafting the Federal Constitution of 1988 the constituent assembly decided to continue the tradition of constitutional law parental rights, providing the possibility of the existence of preventive detention. This prison originated before the call prison-worth, and has features such as march splitter between them the existence of final judgment appealed. However,For its application to the Constitution has imposed limits on the prison procedural, rather than to mitigate it are violated fundamental rights and principles constitutionally provided for very high relevance. What is proposed in this work is an analysis of the institute in wealthiest, mainly, their use in Law 11,340 /06 aimed at expressing the more controversial issues of its application.This is not offensive against the institute acautelatorio, but to establish sufficient elements to be developed a new legal conception of the subject, this design, which recognize the rule of the New constitutional order, the maintenance of freedom.
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