A garantia fundamental à presunção de inocência no Supremo Tribunal Federal: análise do Habeas Corpus n.º 126.292 à luz da teoria dos princípios de Humberto Ávila

Abstract

This paper investigates the Supreme Court's understanding about the effectiveness of the fundamental guarantee for the presumption of innocence, expressed in Habeas Corpus 126.292 rulling. The objective is to analyze, first, if item LVII of art. 5 of the Federal Constitution contains a rule or principle and, from this, check whether the normative conception adopted by the ministers of the Supreme Court is in accordance with Humberto Ávila's Theory of Principles. The work follows the empirical methodology, using the rules of inferences of Epstein and King to analyze the votes of Ministers Luís Roberto Barroso and Celso de Mello. Through this research, it was found that the Supreme Court did not adopt the theoretical framework elaborated by Ávila, and that the early execution of the penalty is in disagreement with the Federal Constitution of 1988.