O excesso de prazo na prisão preventiva e o princípio da vedação da proteção insuficiente por parte do estado

Abstract

In the light of the widespread use of pre-trial detention on the fundamental rights of the accused, which particularly undermine their liberating status, this present monograph seeks to analyze the excessive term of pre-trial detention and the principle of prohibition of insufficient protection by the State, observing the related principles and having as its main objective the critical analysis of few decisions of the State Courts and the Superior Court of Justice, at the habeas corpus headquarters. Thus, it is necessary to study a jurisprudential and bibliographical research, including supporting material, books, scientific articles and consultations with electronic filters, in addition to the Brazilian legislation on the subject. First, the principles involved in the application of personal precautionary measures and aspects of pre-trial detention are highlighted. After, the principle of prohibition of insufficient protection by the State, its influence on conflicts between fundamental rights and the excess of the period of pre-trial detention, is analyzed. Finally, it seeks to study and verify the decisions of the Courts of Justice and STJ in relation to the subject, based on the acknowledgment of the excessive term of the most serious precautionary measure and consequent illegal embarrassment of the accused.