Banca de QUALIFICAÇÃO: FERNANDO WALLACE FERREIRA PINTO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDO WALLACE FERREIRA PINTO
DATE: 07/06/2021
TIME: 18:00
LOCAL: UFRN - Programa de Pós-Graduação em Direito/Videoconferência
TITLE:

THE REASONABLE DURATION OF PRE-TRIAL DETENTION IN THE LEGAL ORDER IN ACCORDANCE WITH THE CONSTITUTION OF 1988: REFLECTIONS ABOUT THE MODIFICATIONS IMPLEMENTED BY THE ANTICRIME PACKAGE (LAW 13.964 / 2019)

 

KEY WORDS:

pre-trial detention, reasonable duration, anti-crime package.

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work deals with the analysis about the reasonable duration of preventive detention, considering the criterion of proportionality as a material limit to the state power to restrict an area of protection of a fundamental right, as in the case of the right of liberty. Thus, the research aims to study the limits of the temporal duration of the said procedural prison, since both the current one, as the other previous versions of the preventive prison institute, lacks a temporal limit of duration, since it is directly linked to the legal properties procedural measures it seeks to protect. The 1988 Constitution made the right of freedom a fundamental right, which can only be suppressed, even for the purposes of criminal execution, for a certain period of time - with the application of the penalty in a concrete way, within the limits abstractly provided for in the criminal law its secondary precept. Thus, the suppression of freedom before a conviction, requires special attention, especially with regard to its temporal duration. In this context, with the advent of Law nº 13964 of December 24, 2019, designated as the Anti-Crime Package, there have been significant changes in the Brazilian legal system in its criminal sphere, specifically in criminal procedural law, greatly affecting the duration of preventive detention, giving rise to a dogmatic research around the topic. Using a hypothetical deductive methodology, in addition to discussing the principle of reasonable duration of criminal proceedings and inherent themes, a reflection is carried out around the relationship between the language and the structure of pre-trial detention, in order to analyze a precise perspective the problems involved in judicial decisions decreeing preventive arrests. In addition, there is also an approach to the types of prisons and discussions on current cases of great repercussion, as well as reflections on the changes promoted by the Anticrime Package. Finally, the paper presents a legislative proposal as a solution to the problem of the length of pre-trial detention, consisting of the addition of a paragraph to article 312 of the Code of Criminal Procedure, in order to expressly state that the length of pre-trial detention cannot exceed the two-year term.

BANKING MEMBERS:
Externo ao Programa - 2230148 - ERICK WILSON PEREIRA
Interno - 1675264 - RICARDO TINOCO DE GOES
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR