Excesso de prazo no processo penal: a gramática do Supremo Tribunal Federal

Abstract

The purpose of this article is to unveil the meanings of the category “excessive length of time” in criminal cases handled by the Supreme Court. To this end, a database of such cases was created, which allows us to understand the nature of criminal trials that mobilize the Supreme Court due to excessive length of time. Then, a binomial logistic regression model was estimated to identify which arguments are most associated with granting the request in the new constitutional order (post-1988). The results indicate that the excessive length of time in criminal case refers to the pretrial detention, being a matter discussed through the use of Habeas Corpus. The grammar mobilized by the ministers, inscribed in their statements, seems to be different depending on the outcome. References to the right to a reasonable length of time and the Constitutional Amendment 45/2004 are associated with the granting of the request, leading to the release of the prisoner; while the denials were associated with the grounds of criminal proceedings related to the guarantee of public order and the convenience of criminal trials. Thus, the STF has led to a new grammar in criminal justice, which, far from being related to the length of time of criminal proceedings, refers to the legitimacy of indefinite pretrial detention.