O princípio da presunção de inocência e a (in)constitucionalidade da prisão após condenação em segunda instância

Abstract

The current Brazilian legal system and the understanding of it, especially in the judicial system, allows one to have doubts about prison after conviction in a second instance. This inserts a very current debate about the presumption of innocence and consequent substantive and procedural discussions, expanding in several spaces, including academic. The Principle of Presumption of Innocence, also called the Principle of Non-Criminality, is set forth in the 1988 Federal Constitution and aims to guarantee that every accused person is considered innocent until a criminal sentence has been passed, that is, until there is no further possibility of appeal. In view of that, this course concludes work seeks to understand and discuss whether or not there is unconstitutionality in second instance imprisonment, introducing the origin and application of the principle of presumption of innocence, pondering over the species of precautionary imprisonment existing in criminal procedural law, and also analyzing doctrinal and jurisprudential understandings on the subject. In this context, the main decisions on the matter will be presented, taken by the Federal Supreme Court, as well as the last decision that ended up establishing the current position.