A execução antecipada da pena à luz do princípio constitucional da presunção de inocência

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.