The principles of procedural criminal prosecution: a vision from the constitutional hermeneutics

Abstract

The article here structured as an objective to present an analysis from a hermeneutics that reconciles constitutional efficiency in the field of Brazilian criminal procedure. Therefore, from the topic of precautionary measures, we will work with three principles, the axioms of Jurisdictionality and Motivation, Provisionality and Provisionality, and, finally, Exceptionality. So, from a bibliographic study we are concerned with the central hypothesis that the Brazilian punitive procedure, inserted in a logic of social exclusion, finds itself as the only normative limit principles that usually are forgotten in forensic practice.