PEREIRA, R. E.; http://lattes.cnpq.br/5078599479003606; PEREIRA, Romário Estrela.
Abstract:
The provisional execution of the penalty consists in the possibility of restricting the
freedom of indictment for purposes of punishment, before judging the conviction. The
Supreme Federal Court, in accordance with Habeas Corpus nº 83.078 / MG,
provided the interpretation of the sentence of the principle of presumption of
innocence in the Federal Constitution. In the judgment of Habeas Corpus No. 126,
292, which admitted an advance execution of the penalty after confirmation of the
conviction in the Court of Appeal. Thus, the present monographic work has as
general objective to analyze an illegality of the provisional execution of the sentence
of this current exposition, starting from the approach in the sentence and the types of
prison related to the subject. Next, a study is made on the principle of presumption of
innocence, highlighting its origin in the Federal Constitution of 1988, followed by a
collision between constitutional principles and a resolution of possible conflicts. And
finally, a study on the principle of presumption of innocence and its compatibility with
a preventive prison and an analysis of the innovations brought by Law no.
12403/2011, below, to examine the idealization of the jurisprudential understanding
of the provisional execution of the judgment until the Habeas Corpus decision no.
126,292 / SP and the list of the favorable and opposing directors for the decision. In
conclusion, the current understanding of the Federal Supreme Court clearly outlines
the constitutional principle of presumption of innocence, once granted the basic rule
of the democratic state of law, which requires the final judgment of the sentence.
