A banalização da prisão preventiva

Abstract

This work aims to analyze preventive detention institute and seeks to show how, in several cases preventive detention is not used as a tool for a process protection, but for different purposes, undermining the constitutionally guaranteed individual rights. It is noticeable that a preventive injunction must be used to ensuring the efficiency of the process, being restricted only to cases in which it is really necessary, remaining for short timeframe. However, it is actually verified a great banalization of the most serious equitable relief, the preventive detention. Due to the outrageous quantity of provisionary prison decrees, it is evidenced in the brazilian prison system a nearly identical number of permanent and provisional prisoners, terminology used to include further species of provisionary prisons, noting that is clear the illegality and unconstitutionality of the application of the measure in many cases. It is also questioned the applicability of preventive injunctions in the framework of "Car Wash Operation" and its possible utilization as a means to force prisoners to grant "plea bargain" deals. To the achievement of this scientific study, have been applied a bibliographical research on academic papers, doctrines and jurisprudences and implemented the deductive method to study the institute's track record, current rules and two short case models reports. It is concluded that preventive detention is a caution instrument for criminal procedure, which must be used in particular and exceptional situations, observing the right to freedom of mobility established by the constitutional commandment.