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| Main Author: | |
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| Format: | Recurso digital |
| Language: | Portuguese |
| Published: |
Zenodo
2026
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| Online Access: | https://doi.org/10.5281/zenodo.19521487 |
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Table of Contents:
- <p class="p1"><strong>ABSTRACT</strong></p> <p class="p1">This article critically analyzes the Judgment of the Court of Appeal of Porto of 20 November 2024,</p> <p class="p1">which confirmed the application of the preventive detention measure to two defendants accused</p> <p class="p1">of the crime of drug trafficking. The study focuses, in particular, on the assessment of the</p> <p class="p1">requirements concerning the risk of flight and the risk of continuation of criminal activity, as well</p> <p class="p1">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</p> <p class="p1">applied in accordance with the principles of necessity, adequacy, and proportionality, and that no</p> <p class="p1">discrimination based on the nationality of the defendants was identified.</p> <p class="p1"><strong>Keywords</strong>: preventive detention; risk of flight; principle of equality; drug trafficking; coercive</p> <p class="p1">measures.</p>