O SUPERENCARCERAMENTO COMO CONSEQUÊNCIA DA APLICAÇÃO DE FORMA INDISCRIMINADA DAS PRISÕES CAUTELARES NO BRASIL

Abstract

The Brazilian criminal justice system is immersed in a context of overincarceration, in which pretrial detention, although constitutionally provided for as an exceptional measure, has been applied in a mitigated and, not infrequently, abusive manner. The lack of a legal time limit for its duration, combined with the recurrent use of generic grounds in judicial decisions, renders this measure a true anticipation of punishment, thereby violating constitutional guarantees such as the presumption of innocence, the reasonable duration of proceedings, and human dignity. This paper aims to critically analyze how such practices contribute to the maintenance of mass incarceration, highlighting the role of punitive culture in the social and institutional legitimization of this scenario. The methodology adopted consists of a bibliographic review of national and foreign authors, an analysis of decisions handed down by the Federal Supreme Court and the Superior Court of Justice, as well as a survey of official statistical data made available by the National Council of Justice (CNJ) and the National Penitentiary Department (DEPEN). It is concluded that the trivialization of preventive detention, to the detriment of the application of alternative measures, reinforces the selectivity of the criminal justice system and perpetuates an ineffective repressive model. It is therefore urgent to implement time limits, require individualized justification, and adopt public policies aimed at reducing incarceration.