ASSIS, D. A. M.; http://lattes.cnpq.br/6355172632407041; ASSIS, Dayany Alves Moura e.
Resumen:
These research is about a verdict pronounce in Habeas Corpus 126.292, when
Supremo Tribunal Federal admitted the possibility of beginning of execution of
deprivation of liberty in cases of verdict ratified in second instance, even before will
be heard. The sentence which changed the Supreme Court knowledge about these
subject-matter started a lot of discussions regarding relativization of constitucional
principle of presumption of innocence in criminal process. In these research there will
be make a short historic exhibition of presumption of innocence and your importance
in Brazilian law. There will be discussed the judgment of HC 126.292 and how these
decision reflected on different agencies, as Ordem dos Advogados do Brasil and
Associação dos MagistradosBrasileiros. In these context the method of deductive
approach will be used to demonstrate the big difference between Supremo Tribunal
Federal function of Constitution guardian and its knowledge in the verdict studied in
these paper. The bibliographic method will be used in all these monographic by
jurisprudence, legal provisions and Constitutional and Criminal Process books.