A inconstitucionalidade da execução provisória da pena no tribunal do júri; uma análise aos trâmites processuais após a condenação dos réus da Boate Kiss.

Abstract

This current monographic work conducts an analysis on the provisional execution of the sentence within the scope of the Jury Court, tracing an inquiry under the unconstitutionality of art. the principle of the presumption of innocence as a parameter of the study, times in which, it evidences the imperative of the observance of this Constitutional guarantee in its literality, with a view to demonstrating the relativization of the principle of sovereignty of the verdicts in the Jury Court and its non-application as an argument of defense of provisional execution, under the prism that no principle has the power to harm the rights of an accused as his reason for existing, moreover, it is considered that such an institute suffers mitigation in the face of other existing precepts. Thus, a continuous act, attention is paid to the procedural steps that followed the conviction of the defendants in the emblematic Kiss nightclub trial, analyzing the use of a legally non-existent measure within criminal procedural law, the suppression of instances and their judicial consequences, mentioning the repercussions and impacts of a media judgment in the judicial sphere, under the aegis of the Federal Constitution, other related laws, together with the current understanding of the Superior Courts and the majority doctrine, through the hypothetical-deductive and dialectical study method, based on the procedural technique bibliographic research, based on national doctrine, legislative, periodic and jurisprudential investigation, its object of research being descriptive and its approach qualitative, with the general objective of demonstrating the unconstitutionality of the provisional execution of the sentence in the court of the jury, based on the weighting of constitutional principles, as well as the illegality of the decision sion of the STF in the Boate Kiss case, To trace an investigation regarding the provisions that govern the matter, the main legislative changes and Identify the legal consequences related to the theme.