O princípio da presunção de inocência e os seus reflexos na execução provisória da pena.

Abstract

The present study addresses the decision rendered in the judgment of Habeas Corpus 126,292, in which the Supremo Tribunal Federal admitted the possibility of commencing the execution of the custodial sentence of the conviction confirmed in the degree of appeal, that is, even before it became final. The decision, which modified the previous understanding of the Supreme Court on the subject, generated several discussions about the relativization of the constitutional principle of the presumption of innocence in the criminal process. The discussion of the subject is necessary in view of the fact that this rupture of position restricts the fundamental right of the man of freedom. Throughout the research, the objective was to make a brief historical exposition of the presumption of innocence as well as its consecration in the Brazilian legal system; demonstrate the impossibility of executing the sentence of deprivation of liberty and that its process must be essentially decertified according to the Federal Constitution of 1988; And finally to elucidate the judgment of HC 126.292, and demonstrated its positive and negative points in the light of the country order. In this context, the method of approach that was used was the deductive and historical-evolutionary, in which the discrepancy between the function of the Supremo Tribunal Federal, guardian of the Constitution and the understanding expressed in the judgment in question was perceived. The method of bibliographical research was also used throughout the monographic work, through jurisprudence, doctrines referring to constitutional law and criminal procedural law, as well as legal provisions