A EVOLUÇÃO DA PRISÃO PREVENTIVA NO ORDENAMENTO JURÍDICO BRASILEIRO: DO MODELO AUTORITÁRIO AO GARANTISMO PROCESSUAL

Abstract

This study investigates the evolution of pretrial detention (prisão preventiva) in Brazilian law, highlighting the transition from an authoritarian system, characterized by broad judicial discretion, to a rights-based system founded on the principles of the 1988 Federal Constitution. The investigation employs a bibliographic and documentary approach, utilizing doctrines, legislation, and judicial decisions, and applies the deductive method to analyze the consequences of criminal procedural reforms, particularly Laws No. 12,403/2011 and 13,964/2019. The central argument dismantles the thesis that legal changes have been merely superficial, asserting that these reforms, by introducing precautionary measures other than imprisonment, requiring contemporaneity, and mandating the periodic review of pretrial detention, represent significant advances in safeguarding fundamental rights within criminal proceedings. From this perspective, the origins of pretrial detention, the relevant legislative changes, and the current judicial interpretation are analyzed. The conclusion is that, while the system is moving towards a more guarantee-based model, cultural and operational barriers still persist in the practical application of Brazil's criminal justice system.