A impossibilidade de conversão da prisão em flagrante em prisão preventiva ex officio pelo juiz: análise comparativa entre a jurisprudência do Tribunal de Justiça do Ceará (2022 a 2025) e o entendimento consolidado do Superior Tribunal de Justiça

Abstract

This study analyzes the controversy regarding the (im)possibility of converting an arrest in flagrante into preventive detention ex officio by the judge, especially after the changes introduced by Law No. 13,964/2019 (the “Anti-Crime Package”), which strengthened the accusatory system and restricted judicial initiatives. To support the discussion, the research addresses precautionary measures in Brazilian criminal procedure, with emphasis on arrests in flagrante and preventive detention, examines the dynamics of custody hearings, and provides a systematic interpretation of the relevant legal provisions, highlighting the interpretative tension between Articles 310, II, and 311 of the Brazilian Code of Criminal Procedure. Finally, a comparative analysis is conducted between selected rulings of the Criminal Chambers of the Court of Justice of the State of Ceará (TJCE), issued between 2022 and 2025, and the consolidated understanding of the Superior Court of Justice (STJ), in light of Precedent (Súmula) No. 676, identifying convergences, divergences, and practical impacts on the application of precautionary detention. The objective of the study is to examine, in light of the legislative changes of 2019 and the consolidation of the accusatory system, the legal possibility of converting an arrest in flagrante into preventive detention by judicial initiative, as well as to conduct a comparative analysis between relevant TJCE decisions from 2022 to 2025 and the consolidated case law of the STJ. Methodologically, this is a qualitative study of documentary and jurisprudential nature, complemented by bibliographic, doctrinal review and with systematic research conducted in the TJCE jurisprudence databases.