The objective of this article was to discuss preventive detention, in accordance with the Code of Criminal Procedure, within the characteristics of the police investigation, as well as in criminal proceedings, with possible changes brought about by laws n. 12403/2011 and 13,964/2019. The methodology applied in the development of the work was the bibliographical research, using legislation, doctrines and scientific articles, which portray the theme. The research pointed out that the changes made to article 311 of the Code of Criminal Procedure were evidently positive for the law, leaving the procedure more impartial in the position where the judge will only declare preventive detention in case it is provoked by the party, namely: the Public Prosecutor, complainant or assistant, as well as at the request of the police authority. It is noteworthy, however, that although divergences have been found within the Criminal Procedure Code itself and in extravagant Laws, most Courts have adopted the position that the less the magistrate acts, the more impartial the criminal process will be.
