Razoável duração do processo penal e da prisão preventiva: de que forma os efeitos da longa duração do processo viola direitos constitucionais do réu preso preventivamente?

Abstract

The present excerpt aims to demonstrate that preventive detention is used as a tool for the spectacularization of the criminal process, since it aims to provide an answer to society about the crimes committed by individuals, thus transgressing the fundamental constitutional precepts, such as the principle of the presumption of innocence. In this case, the arrest will act as an anticipation of the pity, so that instead of being used as the last means of response to the fact punishable, it is used as a rule, aiming at revenge, segregating several rights and fundamental guarantees of the citizen. As if that wasn't enough, the problem has several implications, since, in addition to the restriction on individual freedom, manifestly arbitrary, unreasonably prolongs, violating the principle the reasonable duration of the process and preventive detention. So, part of the reading of international human rights conventions, combined with the advent of Constitutional Amendment No. 45, as well as infra-legal provisions. Finally, it is proposed that it is necessary to set a maximum limit on the length of imprisonment. preventive, under penalty of informal penalty configuration, as much as a lapse maximum temporal for the duration of the procedural march. In addition, it argues that such definition must pass through the scrutiny of the Legislative Power, since it does not may be subject to judicial decisionism.