Análise Crítica da Prisão Preventiva no Crime de Tráfico de Estupefacientes: Comentário ao Acórdão do Tribunal da Relação do Porto de 20 de Novembro de 2024.

Overview & Synopsis

ABSTRACT This article critically analyzes the Judgment of the Court of Appeal of Porto of 20 November 2024, which confirmed the application of the preventive detention measure to two defendants accused of the crime of drug trafficking. The study focuses, in particular, on the assessment of the requirements concerning the risk of flight and the risk of continuation of criminal activity, as well as the alleged violation of the principle of equality. Through the analysis of the judicial decision,the applicable legislation, and relevant doctrine, it is concluded that preventive detention was applied in accordance with the principles of necessity, adequacy, and proportionality, and that no discrimination based on the nationality of the defendants was identified. Keywords: preventive detention; risk of flight; principle of equality; drug trafficking; coercive measures.