DETRAÇÃO DA PENA CONDENATÓRIA NA HIPÓTESE DE APLICAÇÃO DE MEDIDAS CAUTELARES DIVERSAS DA PRISÃO

This article aims to lead the reader to a reflection on the possibilities of incidence of criminal detraction in the alternative precautionary measures provided in article 319 and 320 of the Criminal Procedure Code, included with the advent of Law 12.403/2011, presenting, as the main problem for the appreciation of the detraction in the case outlined, the absence of legal provision. To this end, a study was carried out having as a parameter the current jurisprudence and doctrinal positions that address understandings on the subject, giving us the opportunity to understand the existing currents. The application of the in bonam partemprinciple was debated so that the detraction in the present case could be applied, as well as the specific cases that dealt with the present discussion were presented, to demonstrate that the proposed reflection has already been reflected in the legal field. With the analysis proposed, it is suggested a way to fill the gap that the law has regarding the application of detraction, presenting a calculation hypothesis for each precautionary measure provided for,in articles 319 and 320 of the CPP.