PRISÃO EM FLAGRANTE: detalhes polêmicos que poucos conhecem

⚖️ FIRST STEPS IN LAW: the method for those who want to learn Law in a simple and objective way (without pulling your hair out because of boring classes or confusing books). 👉 SIGN UP HERE: https://cintiabrunelli.com.br/direito 👩‍⚖️ Read the book INTRODUCTION TO THE WORLD OF LAW and learn, in one afternoon, what Law students take 6 months to learn in college. 👉 BUY HERE: https://cintiabrunelli.com.br/intro 🏆 Subscribe to the NOVATOS DO DIREITO channel:    / @novatosdodireito   ❤️️ My Website: https://cintiabrunelli.com.br 💎 Telegram Group: https://t.me/cintiabrunelli 📷 Instagram:   / me.julga   📧 E-mail: [email protected] ===================================== Arrest in flagrante delicto is a form of momentary restriction of the freedom of someone found committing a crime and it has several objectives, such as: preventing the crime from being committed, preventing the possible culprit from escaping, ensuring the gathering evidence, ensuring the physical integrity of the victim, among others. Question: can only the police arrest someone who is committing a crime? No, anyone can arrest someone who is committing a crime. The difference is that ordinary people are not obliged to arrest someone who is found committing a crime, while the police officer has the duty to act. What are the types of flagrant crimes? First: proper flagrant crimes Proper flagrant crimes are when the crime was happening or has just happened. Second: Improper flagrant crimes or quasi-flagrant crimes This is when the crime occurred and the accused was pursued by the police, the victim or a third party. Third: Fictitious or presumed flagrant crimes This is when the person is found with objects or instruments that lead one to believe that he or she is the perpetrator of the crime. For example: being found with the murder weapon. There is also a type of flagrant offense, called provoked or prepared flagrant offense, in which a person induces another person to commit a crime so that he or she can be arrested later. There is an understanding that this type of flagrant offense is irregular. Imagine that the police officer goes to the drug dealer, posing as a user, buys drugs and then arrests the person. Part of the doctrine understands that the police officer's attitude made the crime impossible. There is another part of the doctrine that disagrees with this position because, according to the Drug Law, if the person has the substance in a quantity that is not for personal consumption, he or she is already committing the crime of trafficking. On the other hand, the police may find out that a crime is going to occur, set up an operation and wait for the crime to happen in order to arrest the person. This is called expected flagrant offense and it is valid. Example: the police wait for the drug dealer to sell the drug to a user and then carry out the flagrant offense. It is worth mentioning here that there is also a delayed or extended arrest. The drug law and the organized crime law provide for the possibility of a delayed or extended arrest, within something called Controlled Action. This is when the police delay the arrest in order to dismantle the criminal organization. Instead of making an arrest in flagrante delicto the first time a crime is committed, the police monitor the gang to better understand how it operates, to find other people involved in the crime, to gather more evidence, and so on. Okay, the arrest in flagrante delicto happened. What now? Does this guarantee that the person will be arrested? No. The arrest in flagrante delicto is a precautionary measure. After the arrest, the police officer has 24 hours to draw up the Report of Arrest and forward it to the Judiciary. After that, the judge will have 24 hours to convert the arrest into preventive detention, if the requirements for preventive detention are met, and if it is not possible to apply a precautionary measure other than imprisonment. The judge can also grant provisional release, which can be with or without bail, depending on the case. If the requirements for preventive detention are not met, there is no reason for the person not to be released. Because during the trial, the rule is freedom. The person will only remain imprisoned if there are reasons for it. Preventive detention is not the beginning of the sentence. First, the person must be tried and convicted. Imprisonment during the trial is an exception. This does not mean support for impunity, but rather that the Criminal Proceedings have rules, which must be as impersonal as possible. Everyone has the right to due process. ---------------------------------------------------- ABOUT THE AUTHOR Cíntia Brunelli has a degree in Advertising and Publicity and in Law. She received the honor of best student in her two graduations. She obtained an overall average of 9.5 in Law. Before finis...