O desencarceramento por intermédio da revisão periódica da prisão preventiva no complexo penitenciário de Pedrinhas/MA: uma análise sobre a incidência do art. 3° da Lei 13.964/19

Abstract

On December 24 2019, the Law number 13.964/2019 (known as the Anticrime Law), which amended 17 infraconstitutional laws, was sanctioned. The Anticrime Law incorporated profuse changes in the Criminal Procedure Code, among them emphasis is placed on article 3 of the aforementioned law which added to the already existing article 316 of the Brazilian Cr.P.C a single paragraph that regulates the need, on the part of the enforcement authority, of reviewing the requirements that give rise to preventive detention within 90 (ninety) days, if this period is extended and the magistrate has not pronounced for the maintenance or revocation of the arrest, the arrest will become illegal. In view of this legislative change, arising from Law No. 13.964/2019, discussions have arisen on the theme that involves how this mandatory review will occur and whether, in fact, it will be applicable. Thus, this research work using the hypothetical-deductive method and documentary research, aims to debate the impacts that preventive detention will suffer due to the advent of the Anticrime Law, analyzing not only that law, but also the particularities of the specific case through reports. Therefore, it will be sought, a priori, to approach the evolutionary panorama of the right to punish, drawing a line from the beginning of civilization until the Modern Age; subsequently, the foundations of the penalty will be demonstrated, in order to constitute the basis of this work. That said, later, the objective was to answer what is the great objective of the penal system and, consequently, of the prison, as well as the reality of the Brazilian prison system, as well as what are the causes and consequences that result from its ineffectiveness. Finally, in the third and last chapter, the present research showed the repercussions and impacts that Article 3 of Law No. 13.964/2019 has on the Maranhão prison system, in order to demonstrate through an analysis carried out in the São Luís Prison Unit 6 (UPSL6) located in the Complexo de Pedrinhas in São Luís/MA. In view of the above, through the critical analysis, it was found that, in addition to the lack of effectiveness of the prison system in guaranteeing minimum conditions of survival, there is an omission on the part of the legislator in not regulating a punitive measure for non-observance of the period stipulated by the Law number 13.964/2019.