PREVENTIVE DETENTION AND EXCESSIVE DELAY: AN ANALYSIS IN LIGHT OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE

Abstract

This study aimed to analyze the use of pretrial detention in Brazil and verify its compliance with the principle of presumption of innocence. The specific objectives were: to identify the legislation applicable to pretrial detention, highlighting the legal requirements and time limits; to evaluate the jurisprudence of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ) regarding excessive pretrial detention; and to analyze the impacts of the misuse of pretrial detention on the accused and the criminal justice system. Initially, the normative framework that regulates pretrial detention is presented, highlighting the legal requirements, authorizing grounds, and time limits established by the Code of Criminal Procedure. Then, the jurisprudence of the Supreme Federal Court (STF) and the Superior Court of Justice on excessive pretrial detention is examined, identifying the criteria adopted by the higher courts for recognizing the illegality of custody and its replacement with alternative precautionary measures. Finally, the impacts of the misuse of pretrial detention are discussed, both on the fundamental rights of the accused, especially liberty and human dignity, and on the proper functioning of the criminal justice system, highlighting consequences such as prison overcrowding, selective prosecution, and the weakening of procedural guarantees.