O excesso de prazo da prisão preventiva e os seus impactos no direito à liberdade e ao devido processo legal

Abstract

This study aimed to analyze the impacts caused by the excessive duration of preventive detention on the rights to liberty and due process. Preventive detention is an exceptional measure; however, its lack of temporal limitation opens the door to the practice of judicial illegalities, allowing the preventive deprivation of liberty to be extended for an undue period. In this regard, a doctrinal and jurisprudential analysis was conducted, which highlights the illegality of preventive detention due to excessive duration. As a result, it was established that the reasonable duration of proceedings is the guarantee that enables the recognition of excessive duration of the precautionary measure. It was also demonstrated that the presumption of innocence is violated when detentions last for months or even years, which in practice resembles a preemptive penalty. Furthermore, when there is a violation of the aforementioned guarantees, due process is not effectively carried out. For this reason, the jurisprudence of the STF (Supreme Federal Court) and STJ (Superior Court of Justice) has worked to recognize the illegality of maintaining preventive detention for excessive periods, establishing criteria for acknowledging or rejecting requests for relaxation of detention due to excessive duration in the formation of charges. Finally, the need for respect for procedural guarantees was highlighted, so that legal abuses do not become the norm in Brazilian reality. This study used the inductive method through the collection of bibliographic material related to the topic from books, articles, journals, legislation, and Brazilian jurisprudence.