A decretação automática de medidas cautelares substitutivas à prisão preventiva relaxada pela morosidade do processo criminal: uma análise jurisprudencial do TJ-BA de 2019 e 2020

Abstract

The precautionary measures provided for in art. 319 of the Criminal Procedure Code, has an important role in preserving the instrumental character of criminal proceedings. In this sense, the present research has the objective of analyzing if it is feasible that the decree of other precautionary measures at the moment of the release of preventive detention that became illegal due to the excess of time becomes a tool of mandatory use to prevent the violation of rights, applicable, above all, by the Court of Justice of the State of Bahia. Based on a qualitative and quantitative research, the text demonstrates that despite being legally applicable, precautionary measures are still not fully understood in their role for maintaining the precautionary and instrumentality of the criminal process in the context of the Habeas Corpus concession, in a scenario so conservative that it is the case law of the Bahia Court of Justice.