QUEIROZ, R. F. F.; http://lattes.cnpq.br/9447255091654988; QUEIROZ, Ruth Fabrícia de Figueiroa.
Resumo:
The presumption of innocence principle presents itself as a fundamental right in the
legal system and carries the idea that no one can be considered guilty before the
final and unappealable penal sentence. Therefore, guiding the criminal prosecution,
prevents any anticipation of culpability judgment. This principle was the protagonist in
the judgment of HC 126,292 / SP, when the Brazilian Supreme Court held that the
provisional execution of criminal condemnatory judgment, pronounced at second
instance, even if it is subjected to extraordinary resources, does not violate that
principle. In this context, this paper aims to analyze, in detail, the presumption of
innocence principle and its influence on penal procedure, also to analyze the
Brazilian Supreme Court understanding, mainly after the judgment of HC
126.292/SP, understanding its finality and principal fundaments. For that, we used
the literature and deductive method, consisting in research in jurisprudence, books,
scientific articles, and also other normative species and the Federal Constitution. In
conclusion, this study identified that, although the Supreme Court have had the
intention of combine the protection afforded by the presumption of innocence
principle to the effectiveness of penal procedure, its new precedent did not please
everyone, considering there are those who believe that the Supreme Court, acting
like the legislator, “ripped the Constitution”.