A ausência de previsão legal do prazo razoável da prisão preventiva sob a ótica da presunção de inocência

Abstract

This study investigates preventive detention in the Brazilian criminal procedure and its relationship with the constitutional principle of the presumption of innocence, focusing on the absence of a legal time limit for its maintenance. The research was carried out using the deductive method, structured through bibliographical works and legislative analysis concerning precautionary detention and constitutional principles. The study is divided into three chapters, which analyze: how precautionary measures are addressed in legislation, with emphasis on preventive detention; how the presumption of innocence is established in the legal system, its dimensions and scope from a guarantee-based perspective; and, finally, whether the lack of a legal time limit for preventive detention constitutes a violation of the presumption of innocence, also discussing the effects of this absence. The results indicate that the lack of a defined time limit may undermine the presumption of innocence and create situations of injustice, reinforcing stigmas and repressing more vulnerable groups, in addition to contributing to prison overcrowding and anticipating punishment for those who should be protected by the presumption of non-culpability