This article focus on the question of the human rights affirmation under the perspective of liberty, security and justice through the construction of a Democratic Criminal Procedure. In view of the necessary concern on the law universe as the reality of the uncertain society of the negative phenomenon, related with authority or war models for criminal law in contrast with the garantism model. The discussion faces the problematic question of the rebuilding of criminal law of the Author, which aims the criminal prosecution over the guarantees, liberty and fundamental rights. The study will analyze the negation of the democratic state of law from the admissibility of future criminal persecution (advanced prevention measures) that can put in risk the maintenance of effective fundamental guarantees.
- Democratic criminal procedure
- Fundamental rights
- Criminal persecution