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This essay is an invitation to an academic debate of the study of pre-trial detention ́s legal nature in a criminal procedural, in view of the recent changes introduced expressly in the criminal procedural logic by the new legislation. This study will establish in parallel what is understood as precautionary protection and provisional protection by civil procedural science, and its possible relationship with criminal procedural, even before such legal-positive concepts have been inserted into the criminal procedural logic by the legislator.

TUTELA CAUTELAR E TUTELA PROVISÓRIA: A NATUREZA JURÍDICA DA PRISÃO PREVENTIVA NA LEI 13.964/19