O princípio da presunção de inocência sob a perspectiva do Supremo Tribunal Federal: uma análise do HC 126.292/SP.

Abstract

The presumption of innocence principle presents itself as a fundamental right in the legal system and carries the idea that no one can be considered guilty before the final and unappealable penal sentence. Therefore, guiding the criminal prosecution, prevents any anticipation of culpability judgment. This principle was the protagonist in the judgment of HC 126,292 / SP, when the Brazilian Supreme Court held that the provisional execution of criminal condemnatory judgment, pronounced at second instance, even if it is subjected to extraordinary resources, does not violate that principle. In this context, this paper aims to analyze, in detail, the presumption of innocence principle and its influence on penal procedure, also to analyze the Brazilian Supreme Court understanding, mainly after the judgment of HC 126.292/SP, understanding its finality and principal fundaments. For that, we used the literature and deductive method, consisting in research in jurisprudence, books, scientific articles, and also other normative species and the Federal Constitution. In conclusion, this study identified that, although the Supreme Court have had the intention of combine the protection afforded by the presumption of innocence principle to the effectiveness of penal procedure, its new precedent did not please everyone, considering there are those who believe that the Supreme Court, acting like the legislator, “ripped the Constitution”.