Pre-trial detention and evidentiary miscarriage of justice

Abstract

The article aims to analyze the evidentiary difficulties of the miscarriage of justice contained in the article 19 Nº 7 letter i) of the Political Constitution of the Republic by dealing exclusively with preventive criminal law, more specifically, pre-trial detention.

The following study postulates the systemic incoherence of detecting the evidentiary error in a criminal justice system that does not recognize it due to its lack of standard. To this effect, Case Nº 1.579-2015, the Excellency Supreme Court sentence is used as a guiding thread for it remains the only verdict thus far that has allowed a miscarriage of justice appeal regarding a pre-trial detention.