THE IMPOSSIBILITY OF AUTOMATIC CONVERSION OF PRISON INTO PREVENTIVE

AN OVERCROWDED PRISON SYSTEM

Abstract

Due to the excessive number of people incarcerated in Brazil, it is necessary to reflect on this ongoing model of mass incarceration, which destroys lives and does not promote resocialization. Therefore, this research proposes to analyze the institution of preventive detention in light of the Anti-Crime Package, focusing on the ex officio conversion of flagrant detention into preventive detention, analyzing its impacts on the Brazilian prison system, as well as its disharmony with the accusatory system. It should be noted that the conversion of arrest in the act into pre-trial detention by the judge is a delicate and socially important topic, which needs to be understood based on the Brazilian prison crisis, triggered by overcrowding and, based on the Anti-Crime Package, which in prisons precautionary measures recognizes the magistrate's passivity regarding the decree of preventive detention. Therefore, the question is, what is the impact(s) of the automatic conversion of flagrant arrest into preventative arrest? The research hypothesis is that the automatic conversion of flagrant arrest into preventative arrest ends up further increasing the number of people incarcerated. The answer to the research problem will be based on the inductive method, bibliographical and documentary research, which aims to analyze the impacts of the judge's automatic conversion of arrest into preventative arrest. This research has the general objective of critically analyzing the impacts of the automatic conversion of flagrant arrest into preventative arrest, as well as describing the magisterial stance that is expected in the accusatory system.