A inexistência de recurso próprio para impugnação das decisões que decretam prisão preventiva

Abstract

Starting from the observation that the banalization of the pre-trial detention contributes for the brazilian carcerary crisis, it was intented, in this study, to investigate if the existence of a proper appeal for the impugnation of the decisions that imposes pre-trial detention could reduce the possibilities of use of this extreme providence, positively impacting the alluded crisis. Such analysis developed mainly through the comparison between the habeas corpus, instrument utilized as substitute of a proper appeal, and the appeals in general, in order to verify in what aspects the creation of the nowadays inexistent appeal could be beneficial to the defense in criminal procedure. At the end, it was concluded that the existence of the appeal could serve to reduce the use of pre-trial detention, constituting, at some extend, an effective strategy towards the solution of the carcerary crisis. It was also concluded that the appeal disposed in the Act Project 8.045, if it adjusted, could be the qualified appeal to the impugnation of the decisions that imposes pre-trial detention.