LIBERDADE PROVISÓRIA e FIANÇA: Introdução, conceitos, características HD 2.1

As is well known, freedom is the rule, based on the constitutional principle in Article 5, LXI, which states that "no one shall be arrested except in flagrante delicto or by written and reasoned order of a competent judicial authority, except in cases of military transgression or strictly military crime, as defined by law." Provisional release with or without bail is provided for in Articles 310, III and 321 to 350 of the Code of Criminal Procedure, and is granted by the competent authority (Police Chief or Judge) to the suspect or defendant arrested in flagrante delicto, who may respond while at liberty, without needing to have a pre-trial detention order issued against them.