Abstract
Bail is a precautionary measure provided for in the Criminal Procedure Code (CPP) that allows the provisional release of individuals accused in the act, as long as the maximum sentence does not exceed four years. The responsibility for arranging bail falls on the police chief, who must consider the circumstances of the case, with the aim of ensuring the defendant's attendance at the proceedings and avoiding obstruction of justice. Bail is not a way of exempting the accused from responsibility, but rather an asset guarantee that allows him to wait for the process to unfold in freedom. According to the CPP, bail is intended to guarantee the link between the person being investigated and the process, preventing their escape. Furthermore, it can cover procedural expenses and fines, reinforcing the precautionary function of this instrument. The enactment of the Maria da Penha Law (Law 11,340/06) brought significant changes in the approach to cases of domestic violence, prohibiting the granting of bail in such circumstances. The law aims to protect victims, giving the judge the exclusive responsibility for deciding on the aggressor's freedom, considering the seriousness of the situation and the risk to the victim's integrity. This legislative change emphasizes women's vulnerability and seeks to ensure a safe environment for them. The Federal Constitution ensures that no one can be deprived of liberty without due legal process. In the case of arrests in the act, the judicial authority must be immediately notified, allowing the judge to assess the aggressor's situation. This judicial control mechanism seeks to balance public security and individual rights, preventing abuses and ensuring a more careful analysis of the circumstances surrounding each case. The Maria da Penha Law establishes protective measures that must be applied in cases of domestic violence, allowing the judge to consider risk factors, such as history of aggression, dangerousness of the aggressor and the presence of children or vulnerable people. These measures aim to protect the victim, ensuring that the aggressor does not have access to freedom until the situation is properly assessed. The analysis of precautionary measures, especially bail, highlights the complexity of balancing the rights of the accused and the safety of victims, especially in cases of domestic violence. The Maria da Penha Law represents an advance in the protection of victims, centralizing the judicial assessment of the freedom of aggressors. For the justice system to be effective, it is essential that there is coordinated action between the police and the judiciary, ensuring that victims are protected and that the rights of the accused are respected in a fair and sensitive manner.
