A prisão preventiva na conjuntura do estado democrático de direito: uma análise dos efeitos da Lei 13.964/2019 na duração das prisões preventivas federais

Abstract

Imprisonment is the last resource available under the Brazilian legal system in the resolution of contradictory matters; hence, preventive detention represents the anticipation of the most burdensome instrument of social control. One of the main authoritarian aspects of this precautionary measure is the absence of a clear legislative determination regarding its time scale, which led to cases of extensive prolongation for indefinite periods. This issue only received its due legislative attention in 2019, with the approval of Law No. 13.964, which imposed, amongst other measures, the mandatory periodic review of court decisions that decree preventive detention, under penalty of making such arrests illegal. Based on this assertion, this paper aims to analyze the impact of the entry into force of Law No. 13.964/2019 in containing the undue extension of preventive detention. The general objective is to demonstrate the reduction in the duration of prisons following the incorporation of Law No. 13.964/2019 through the prescriptive analysis of data from the reports of the Grupo de Monitoramento e Fiscalização do Sistema Carcerário da 5ª Região (GMF/5ªR) from years of 2019 and 2020. To achieve this objective, the research methodology approach was qualitative-quantitative, in which bibliographic review, document analysis, and the aforementioned data analysis were combined. Ultimately, it was found a significant reduction in the length of preventive prisons that had already been ongoing for at least 01 (one) year following the implementation of Law No. 13.964/2019.