A aplicação da prisão preventiva no Brasil análise crítica dos limites e abusos da prisão preventiva

Abstract

The study analyzes the application of preventive detention in Brazil, highlighting its limits and abuses. Provided for in Article 312 of the Code of Criminal Procedure, this measure aims to protect public order and ensure the enforcement of criminal law. However, its use has increasingly departed from its exceptional nature, often assuming a punitive character in advance of conviction. This distortion violates constitutional principles such as the presumption of innocence, proportionality, human dignity, and due process of law. The research shows that prison overcrowding and the selectivity of the justice system exacerbate social inequalities, mainly affecting vulnerable groups. It also notes that generic and non-individualized judicial decisions contribute to arbitrariness. It concludes that preventive detention should be applied with strict criteria and in alignment with constitutional and human rights principles, ensuring a fairer and more balanced criminal justice system.