Os efeitos do excesso de prazo na prisão preventiva: desafios e implicações para a justiça brasileira

Abstract

The theme of this paper is the excessive length of pre-trial detention and its implications for Brazilian criminal justice. It starts from the observation that, although pre-trial detention should be a precautionary and exceptional measure, the absence of a legal time limit for its duration in the national legal system has favored its prolonged application, compromising the fundamental rights of individuals. The general objective is to critically analyze the criteria used to assess the excessive length of pre-trial detention in Brazil, assessing their impact on the judiciary and the fundamental rights of individuals. In addition, the aim is to identify the parameters adopted by the Judiciary to determine the excess of time; to assess the effects of the absence of a time limit on the institute; and to analyze the implications of this omission for fundamental rights, such as the reasonable duration of the process. The research is explanatory in nature, with a theoretical approach and bibliographic method, based on doctrine, legislation, case law and scientific articles. Throughout the work, we discussed the legal foundations of pre-trial detention, the evolution of its concept, the main doctrines applied, the jurisprudential understandings and the relativization of consolidated precedents. It was found that, despite regulatory attempts, such as the inclusion of art. 316, sole paragraph of the CPP, there are no effective mechanisms to prevent pre-trial detention from extending beyond what is reasonable. The conclusion is that there is a need for legislative reform that establishes objective deadlines for this measure, as well as valuing precautionary measures other than imprisonment, in order to ensure a criminal process that is compatible with constitutional principles and human rights.