Constructing the Fugitive: Uses and Meanings of Escape in Judicial Speech

• Autor(a) principal: Fonseca Fernandes, Daniel
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/90313
• topic: Criminal proceedings; escape; prison; precautionary measures; judicial speech; Processo penal; fuga; prisão; medidas cautelares; discurso judicial

This work aims to investigate the limits for the recognition of the condition of fugitive in the judicial discourse and its consequences in the decree, maintenance or revocation of preventive detention. The article uses two main strategies to answer the proposed problem. The first consists in the elaboration of a literature review on escape and procedural arrest, mapping the contours and absences on this topic in the scientific literature. It is noted the absence of a concrete treatment regarding the meanings and limits for the recognition of the scape in the criminal process. The second strategy consists of an empirical analysis of decisions of the Superior Court of Justice (STJ), issued between 2020 and 2021. As a result of the research, it can be said that the STJ has positions that sometimes limit the sense of escape, such as the distinction between non-location and escape, sometimes relativize their consequences, like the escapes distant in time, and sometimes reaffirm the meaning of the escape as a justification for the imposition of procedural arrests, as in the case of permanence of the escape at the time of the decision. In this sense, the article contributes to the understanding of the meanings that the Judiciary attributes to the category of escape throughout the criminal process.