INVESTIGAÇÕES CRIMINAIS E GIGANTISMO PROCESSUAL: ANÁLISE DA DESPROPORCIONALIDADE DE PRAZOS PARA A RESPOSTA À ACUSAÇÃO

Abstract

This article analyzed the phenomenon of procedural gigantism in its pre-trial phase, demonstrating how the excessive amount of information and the high volume of investigative procedures impact the accused’s effective right of defense. While the Public Prosecutor’s Office is not bound by strict deadlines to file charges, the defense must counter months or even years of investigation within the narrow 10-day period established by Article 396-A of the Code of Criminal Procedure. A bibliographic analysis was conducted, along with an examination of precedents from the Superior Court of Justice, highlighting the strict nature of defense deadlines, whereas prosecution deadlines are often extended based on case complexity, reasonableness, and proportionality. The study concluded that legislative reform is necessary to expressly allow judges to extend the defense’s deadline, ensuring equal treatment of both parties.