A presunção de inocência e a publicização de dados dos condenados em primeira instância por crimes sexuais a partir da Lei n.º 15.035/2024: uma análise à luz da Constituição Federal de 1988 e da Convenção Americana sobre Direitos Humanos

Abstract

The present study aims to analyze the changes introduced by Law No. 15,035/2024 in light of the principle of the presumption of innocence, as outlined in the 1988 Federal Constitution and the American Convention on Human Rights. Thus, the measures implemented by the new legislation, particularly the public disclosure of the data of individuals convicted in the first instance for certain crimes against sexual dignity, as well as the requirement for electronic monitoring equipment for these individuals, are subjected to an investigation regarding their constitutionality and conformity with international human rights standards. To this end, the study begins with the contextualization of the presumption of guilt in criminal procedure up to the current presumption of innocence, including its national and international paradigms, and the present dimensions it encompasses. It then presents the legislative process related to Law No. 15,035/2024, and finally critically examines the legislative changes in light of the dimensions of the presumption of innocence, concluding that these changes are unconstitutional and in violation of international human rights standards.