AN ANALYSIS OF THE ANTICIPATION OF SENTENCE COMPLETION IN VIEW OF THE ABSENCE OF A FINAL TERM IN PRE-TRIAL DETENTION

Abstract

This article proposes to analyze the main aspects of the anticipation of the fulfillment of the sentence due to preventive detention, which is a modality of procedural detention that is much attacked, but socially accepted because it is known as necessary. Consisting of a restriction on the freedom of movement of the investigated person, even before a conviction, due to the need to maintain public order and the protection of criminal proceedings. However, due to its exceptional character, it should only be decreed when the real need is proven and the legal requirements are present. Although there is a system for its enactment, the institute is a victim of trivialization, resulting in the violation of fundamental human rights, legal uncertainty and prison degradation as a result of this process. In light of this scenario, a trajectory was traced for the development of the study of this theme, which provides an overview of the institute and addresses the main discussions about its use and scope, as well as direct impacts.