Critical analysis of roots as an objective factor in determining pretrial detention

Abstract

The purpose of the article was to critically and thoroughly examine how roots is analyzed as an objective element for imposing a burdensome measure, as well as to understand how its interpretation affects judicial discretion. To achieve this goal, a qualitative approach and descriptive-interpretive design were adopted. The study included a review of doctrine and regulations, an analysis of case law, and semi-structured interviews with legal professionals, thus enriching the understanding of the phenomenon from a legal practice perspective. The findings reveal marked variability in the judicial criteria used to assess roots, which results in contradictory decisions and rulings with insufficient grounds. This reveals the absence of uniform parameters to consistently guide the exercise of jurisdiction. It is concluded that it is necessary to consolidate standardized normative and jurisprudential criteria to strengthen the legitimacy of the criminal procedural system, which in turn will guarantee the effective and real protection of the rights of the person under investigation, in accordance with the principles of the rule of law.