The (im) possibility of preventive detencion ex officio after the anti-crime package

Abstract

Domestic violence is a problem that has emerged along with the development of life in society, a problem of world order, having the woman as a victim in her fragility, this violence that goes beyond the physical, and can be considered any conduct that causes harm to the victim, based on in the genre. This article analyzes the aspects of the defendant's preventive detention based on the Maria da Penha Law after the anti-crime package. It intende to describe preventive detention and its characteristics; study Law no. 13.964/2019 and its amendments on preventive detention; as well as bring considerations about the (im)possibility of preventive detention ex officio according to the new legislation. It is worth noting that the anti-crime package aime at imposing a greater penalty for offenders and effectiveness in the accusatory criminal process with the impossibility of preventive detention ex officio by the magistrate.