A não fixação de prazo limite na prisão preventiva : uma análise à luz dos princípios da duração razoável do processo e da presunção de inocência

Abstract

This paper aimed to analyze the non-fixing of a maximum term in preventive detention from the standpoint of the constitutional principles of reasonable duration of the process and presumption of innocence. Preventive detention is an exceptional measure to ensure public order, the due course of criminal investigation and enforcement of criminal law. However, the lack of a time limit for its duration can lead to the violation of the defendant's fundamental rights. In this regard, a review of international human rights treaties and documents on the subject was conducted. Also discussed was the innovation introduced by the Anti-Crime Package regarding the nonagesimal time limit for reviewing preventive detention, and the position of the higher courts on this term. Finally, it was proposed the establishment of a maximum term for preventive detention as a solution to the problems brought, a measure considered compatible with the respect for the guarantees and fundamental rights of the accused in criminal proceedings. The present work used the inductive method through a survey of the bibliography related to the theme in books, articles, magazines, correlated legislation and in Brazilian jurisprudence.