O prazo de duração da prisão preventiva: uma análise sob o prisma do princípio da razoabilidade

Abstract

The preventive detention, not infrequently, is determined as a means of the State responding quickly and immediate to the committing of a criminal offense. However, at this moment, there are several violations the constitutional precepts, especially devoted to the presumption of innocence. More than the deprivation of space, through the curtailment of freedom, the time it is true significant penalty. The prisoner often preventive is questioned by that measure may endure. The reluctancy of temporal prison removes the imputed to the possibility of carrying out a countdown of days resume their freedom, accentuating exceedingly your condition. The lack of definition of a procedural term preventive imprisonment violates the constitutional principle of the dignity of the human person and the express constitutional seal to torture, inhuman or degrading treatment, having many times true contour of anticipation of punishment. The consecration expressed the precept of reasonable duration of process with the advent of the Constitutional Amendment has brought new impetus to the discussion, by increasing the desires regarding the establishment objective of reasonable time. The purpose of the standard is to ensure the individual undergoing prosecution the formal right to know maximum time that may be incarcerated preventively. It presupposes the essentiality of a criterion which has a habit of setting the time limit that the accused may be segregated, realizing the constitutional commandment. The preventive incarceration could not, therefore, overcome the barriers of a reasonable time. The great discussion that introduces is regarding the requirements that define term and to whom it would be incumbency of establishes it should pass through the sieve of Legislative or confined to subjectivism of the assessment of the magistrate.