Análise sobre a duração razoável do processo penal sob a luz da prisão preventiva.

Abstract

The present work aims at the preparation of an analysis of the reasonable duration of preventive detention, using as historical and evolutionary descriptive procedure, analyzing documents, books, articles, periodicals and jurisprudence referring to the subject. It also examines the principle of reasonable length of procedure from a constitutional perspective, interpreted in conjunction with the principles of human dignity and due process, since, despite being provided for in the Federal Constitution as a Fundamental Right, The national legislation does not establish objective criteria that are capable of applying it directly. In essence, it lays out the legal grounds and hypotheses that authorize the enactment of preventive custody, as well as the position of the Federal Supreme Court on the subject. At the end, it presents possible compensatory, procedural and sanctioning solutions that can be applied to the concrete case when there is the recognition of the excessive term of the preventive custody.