A prisão provisória em face da morosidade judicial e da razoável duração do processo

Abstract

The following work analyzes the reality of Brazilian’s provisory arrests among a procedural context and the consecration of the basic right about the duration of the process. The judicial slowness is a part of the routine of anyone who deals with the judiciary power in Brazil. However, there is a relevant question at the current moment: What can we make with thousands of prisoners who depend on a jurisdictional reply, they are known as provisory imprisoned “permanents”? And what shall we do when the provisory arrests are being applied on a completely arbitrary form, respecting no criterion, except the inexact idea of the term “public order”? Processes last for many years, perhaps decades, while these citizens are forgotten inside prisons and the constitutionals rights are completely violated, as well the reasonable duration of the legal process and the freedom of go and come. An analysis was made to know which kind of stigma these prisoners carry, more specifically imprisoned, as well as the damages that appear when this kind of arrest happen. Nowadays it is condemned, before to judge, to segregate in any kind of manner these women of the familiar and social conviviality.