Em que medida a Súmula 52 do STJ pode acarretar constrangimento ilegal por excesso de prazo em acusado preso preventivamente considerando o trâmite do processo penal?

Abstract

Study that aims to analyze the preventive detention institute and its applicability in the Brazilian legal system, as well as to defend the need for legal regulation of delimitation of a maximum term, as is currently the case with temporary detention. The deductive approach was adopted and bibliographic research was used as the procedure method. It was verified the importance of dealing with the subject due to the great repercussion and controversy that surrounds the theme, so it is questioned to what extent the absence of a law that defines a maximum term for pre-trial detention can mitigate the constitutional principle of reasonable duration the process and the presumption of innocence and, consequently, generate the non-observance of the constitutionally guaranteed fundamental rights. It is concluded that the present theme is pertinent insofar as it analyzes the Penal Code and the Code of Criminal Procedure, which guarantee the fluidity and observance of the procedural rules that guarantee the execution of the sentence with due proportionality and reasonability inherent to each case concrete.