A falta de prazo na prisão preventiva e a violação aos princípios constitucionais

Abstract

The present study aims to address the unconstitutionality of the lack of term in preventive detention, confronting this reality with the constitutional principles of the Dignity of the Human Person, Presumption of Innocence and Reasonable Duration of the Process. To do so, the precautionary measures involving deprivation of liberty will be examined with their main characteristics and peculiarity. And later, a confrontation between constitutional principles and preventive detention will be carried out, paying attention to the consequences caused by the omission of legislation regarding the existence of a deadline for such an institute. Finally, it is intended to present some possibilities to solve the problem presented, always observing the constitutional principles of the dignity of the human person, presumption of innocence, reasonable length of process and the Democratic State of Law.