A necessária atenção a duração da prisão preventiva em face da antecipação indevida do cumprimento de pena

Abstract

This study aims to analyze the institute of preventive detention from the perspective of its theoretical and practical aspects, through the methodology of bibliographic and documentary research. Comments were made about the other types of imprisonment and important constitutional principles, which are related to the theme, such as: the principle of the presumption of innocence, reasonableness, proportionality. In this wake, the general objective was to verify whether the absence of maximum duration of pretrial detention can lead to the undue anticipation of the execution of the sentence. Performing this study today has great relevance, considering that provisional prisoners practically equal the definitive prisoners. It was verified, therefore, the importance of the mandatory review of pretrial detention, instituted with the advent of Law 13.964/19, as well as the need for the application of protective precautionary measures to prison, which many times, may appear as a more effective and less severe measure than imprisonment.