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Alexandre de Moraes affirmed, in the André do Rap trial, that the anti-crime package maintained the predetermined term of preventive detention. The 90-day re-evaluation period, he said, is “to avoid excesses.”
In the vote, he affirmed that a new type of temporary prison was not created, which has a fixed duration of 5 days, and can be renewed for another 5, through a new judicial decision.
“At no time was the legislative change intended to transform pretrial detention into a new type of temporary prison, with a fixed term of 90 days and the need for a constant extension,” he said.
“Just look at the difference between the legal mandates. In the case of temporary imprisonment, the law provides for a fatal penalty of 5 days and the possibility of extension for the same period. And in the absence of a decision, immediate release, ”he continued.
“In pre-trial detention, there was no provision in the law of automaticity. It does not say that preventive detention has 90 days and if you want to extend it you have to re-enact it. He says that it is necessary to analyze the peculiarities of each case, ”he said later.
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