The illegality of the preventive prison decrease based on past facts

In this research, the illegality of the decree of preventive detention based on past facts stands out as a central point. In addition, the jurisprudential and doctrinal constructions regarding the constitutionality and/or ppropriateness of the decree of the aforementioned precautionary measure are highlighted; aims to achieve a solution consistent with the fundamental precepts of the individual. The conclusion reached is that constitutional principles, especially provisionality and exceptionality, should guide the decree of preventive detention, respecting due legal process and human dignity. The methodology adopted is the literature review with extensive bibliographic research.