Prisão em flagrante

uma comunicação ou duas? Reforma do Processo Penal, juiz de garantias e seus efeitos perversos: estudo de caso

Abstract

In this article, the writer debates two possible interpretations for art. 5th, XII, of the Federal Constitution, that refers to the communication of arrest in the act to the family of the prisioner and to the judicial competent authority. The doubt about the expression “immediate”, in respect to the communication to the authority, can be considered surpassed to the Law 11.449/2007, wich rewrote the article 306 of the Code of Criminal Procedure. Curiously, however, the bill that reforms the current Code of Criminal Procedure, that was presented by the Comission that called itself “garantista”, retakes ingenue interpretation, before the Law 11.449/2007, and starts to demand two communications of arrest in the act. Acting through this pattern, the bill vulgarizes the Federal Constitution, because of its constitutional guarantees, interpretated superficially, become foolish formalities.