A duração razoável da prisão preventiva e o direito de liberdade no ordenamento jurídico conforme a constituição de 1988: reflexões acerca das modificações implementadas pelo pacote anticrime (lei 13.964/2019)

• Ano de defesa: 2021
• Autor(a) principal: Pinto, Fernando Wallace Ferreira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Rio Grande do Norte; Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Prisão preventiva; Duração razoável; Pacote anticrime
• Link de acesso: https://repositorio.ufrn.br/handle/123456789/33331

The present work deals with the analysis about the reasonable duration of preventive detention, considering the criterion of proportionality as a material limit to the state power to restrict an area of protection of a fundamental right, as in the case of the right of liberty. Thus, the research aims to study the limits of the temporal duration of the said procedural prison, since both the current one, as the other previous versions of the preventive prison institute, lacks a temporal limit of duration, since it is directly linked to the legal properties procedural measures it seeks to protect. The 1988 Constitution made the right of freedom a fundamental right, which can only be suppressed, even for the purposes of criminal execution, for a certain period of time - with the application of the penalty in a concrete way, within the limits abstractly provided for in the criminal law its secondary precept. Thus, the suppression of freedom before a conviction, requires special attention, especially with regard to its temporal duration. In this context, with the advent of Law nº 13964 of December 24, 2019, designated as the Anti-Crime Package, there have been significant changes in the Brazilian legal system in its criminal sphere, specifically in criminal procedural law, greatly affecting the duration of preventive detention, giving rise to a dogmatic research around the topic. Using an exploratory methodology associated with deductive hypothesis, in addition to discussing the principle of reasonable duration of criminal proceedings and inherent themes, a reflection is carried out around the relationship between the language and the structure of pre-trial detention, in order to analyze a precise perspective the problems involved in judicial decisions decreeing preventive arrests. In addition, there is also an approach to the types of prisons and discussions on current cases of great repercussion, as well as reflections on the changes promoted by the Anticrime Package. Finally, the paper presents a legislative proposal as a solution to the problem of the length of pre-trial detention, consisting of the addition of a paragraph to article 312 of the Code of Criminal Procedure, in order to expressly state that the length of pre-trial detention cannot exceed the two-year term.