Revisão periódica no direito processual penal brasileiro: análise acerca da reavaliação nonagesimal da prisão preventiva

Abstract

This research sought to analyze the aspects of periodic review in Brazilian criminal procedural law, especially given the innovation introduced by Law No. 13,964/2019 regarding art. 316, sole paragraph, of the Code of Criminal Procedure, which inserted the nineagesimal period for reviewing the grounds for preventive detention. By instructing the judicial authority to constantly investigate the relevance of the reasons that led to the implementation of precautionary incarceration, the legislator intended to prevent arbitrary actions that violate rights and guarantees during the course of the criminal process. To this end, the study explored central issues surrounding preventive detention in the Brazilian legal system, as well as highlighting the importance of making provisional custody compatible with constitutional precepts, especially the reasonable duration of the process, due to the absence of a fixed duration limit. of this measure. In addition to this, the work examined the legal implications arising from non-compliance with the provision in question, especially given the controversial understanding adopted by the Superior Courts. To construct the research, the inductive method and documentary and bibliographical research were used, with an emphasis on doctrinal and jurisprudential analysis, with consultation of the relevant national legislation and international treaties. Finally, it was concluded that the periodic review is an important legislative advance in the scope of criminal procedural law, however, the relativization of the sole paragraph of article 316 of the CPP by Brazilian jurisprudence compromises the effectiveness of the rule and violates fundamental rights and guarantees.