Provisional release can be granted by the judge to any person who was arrested at the time of committing a crime (flagrant), provided that it does not meet the requirements of preventive detention, provided for by law.

In situations of arrest in flagrante delicto, the individual must be, within 24 hours, referred to a hearing/interview with the judge, so that all fundamental rights are guaranteed. This is done because the arrest may have taken place illegally, without motivation, when there was not in fact a crime, or even when the individual could not be held responsible for that action.

For this reason, it is extremely important to have a criminal lawyer present in this procedure, and he must be informed of the arrest in the act as soon as possible, in order to provide for the defense of his client, as well as participate in the hearing with the judge, at which time he will request the provisional release of the prisoner. If this request is not granted by the judge, it is up to the criminal lawyer to propose other appropriate measures in order to release his client.