Prisão em segunda instância: análise jurídica das decisões do Supremo Tribunal Federal.

Abstract

This study aimed to analyze the principle of non-culpability, its weight and normative value, its scope and also its real legal determination, also the origin, function and moment of the sentence. In order to understand which of the several decisions of the Supreme Court is in fact coherent with what determines the Constitution. Some of these decisions brought great inconvenience, as well as the political momentum in which they are inserted is very relevant, which leads to assumptions in the whole legal environment about the partiality of the Court. For that, it was analyzed in addition to the bibliographical research, aimed at identifying, according to the majority and minority doctrine relevant positions, documentary research basically using the judgments and judgments of the Federal Supreme Court in which it is perceived that a matter so complex had not really been decided, since until the present moment and despite having been awaited for the beginning of 2019, the judgment of the merits of the ADCs 43 and 44 of the STF is still postponed. Based on the historical and interpretative analysis of these decisions, it was possible to perceive the importance of a collegiate closer to impartiality, which is to decide according to the law, interpreting in a coherent way the interpretative possibilities without exceeding them, much less deviating them from its real meaning. Finally, in order to investigate the institute of the prison in its criminal procedural context and the moment of the sentence, also the principle of not guilty in the constitutional context as to the moment of fault, to analyze the decisions of the Federal Supreme Court on these two legal institutes according to what determines the Federal Constitution of Brazil. For such, the historical and interpretative methods used as procedure will be used, while the bibliographic and documentary revision will be used as the research technique used.