PRETRIAL DETENTION IN THE BRAZILIAN CRIMINAL PROCESS: LIMITS BETWEEN NECESSITY AND ABUSE

Abstract

This article aims to analyze pretrial detention within the Brazilian criminal procedural system, examining its constitutional and legal foundations, as well as the limits imposed on its decree. The research seeks to address the changes introduced by Law No. 13,964/2019 and whether these measures are effective in curbing abuses and strengthening the legal reasoning of judicial decisions. The theoretical framework is based on the Federal Constitution, the Code of Criminal Procedure, the case law of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), and specialized legal doctrine. A deductive research method was applied, utilizing bibliographic and indirect documentary research, including legislative and jurisprudential analysis. The results indicate that, although the legislative reform established stricter criteria, decisions based on generic grounds still persist, revealing a gap between the due process discourse and forensic practice. Finally, the research concludes that pretrial detention must be applied exceptionally, observing the principles of the presumption of innocence, proportionality, and proper legal reasoning, lest it be converted into a mechanism for the early execution of punishment.