Pretrial detention in view of the principle of presumption of innocence in the Brazilian criminal procedure

Abstract

The present work focuses on analyzing the institute of preventive detention, provided for in art. 312 of the Code of Criminal Procedure, in relation to the guarantees inherent to the principle of presumption of innocence, provided for in the Federal Constitution, from which derives, above all, the right to freedom. It is based on this principle that, in Brazil, a subject is presumably innocent until proven otherwise. However, the national legislation provides for the possibility of arrest of the investigated in some circumstances in the course of criminal proceedings. Thus, the work discusses the limits and challenges of preventive detention, in the eagerness to contribute to the decree of procedural detention being properly applied, respecting the principle of the presumption of innocence and conserving its essence of ultima ratio. For that, a review of the existing bibliography was carried out, relating solid ideas about the subject with the analysis of data about the Brazilian prison system and pre-trial prisoners.