O Supremo Tribunal Federal e a relativização do princípio da presunção de inocência: um estudo do habeas corpus n°126.292.

Abstract

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.