Banca de DEFESA: RENATA GOMES DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RENATA GOMES DA SILVA
DATE: 23/05/2023
TIME: 14:00
LOCAL: https://conferenciaweb.rnp.br/ufba/progesp
TITLE:

Precautionary Measures different from prison: Analysis of Use Based on Detention Hearings in Salvador. 

KEY WORDS:

Brazilian criminal procedure, detention hearing, non-custodial precautionary measures, provisional release,  presumption of innocence

PAGES: 83
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

This study examines the use of non-custodial precautionary measures, introduced into the Brazilian criminal procedure code in 2011 (Law 12.403/11). It undertakes an analysis of the detention hearings involving defendants accused of theft in Salvador in 2016, as well as their respective criminal proceedings. Data on the cases was either provided by the Public Defender's Office and extracted from the digital legal proceedings databases E-Saj and PJE. In a significant majority of the reviewed cases (71%), precautionary measures were ordered, to the detriment of granting provisional release without conditions. Yet, in 67% of the cases that reached a final decision, defendants were not ultimately found guilty. On average, the duration of precautionary measures exceeded four years. In contrast, defendants ultimately found guilty were sentenced to an average of only two years of prison in open conditions, a term often commuted to a non-custodial penalty. In a staggering 90% of the cases, the duration of precautionary measures outlasted the actual prison sentence. There appears to be excessive, and sometimes unlawful, application of such measures. They have been imposed even when the prerequisites for preventive detention (which they are intended to replace) were absent, and without adequate justification for their necessity and appropriateness. Either a legislative change or a shift in judicial interpretation is imperative to uphold the presumption of innocence and prevent unwarranted freedom restrictions prior to conviction.

COMMITTEE MEMBERS:
Presidente - ***.583.945-** - DANIEL NICORY DO PRADO - UFBA
Externa ao Programa - 2054473 - DANIELA CARVALHO PORTUGAL - nullExterno ao Programa - 2305311 - MISAEL NETO BISPO DA FRANCA - null