O exame fático-probatório nos trinunais superiores ante a execução provisória da pena

Abstract

The present academic work aims to analyze the factual-probative issues in the "extraordinary" appeals, and from this, verify their implications under the discussion of guaranteeing the presumption of innocence and the provisional execution of the penalty. Therefore, precipitously, there is an explanation about the principle under discussion and its extension under the decision-making perspective of the Superior Courts. In addition, there is an examination of the appellate system in the Brazilian apex courts and the manner in which the facts and evidence in these appeals are analyzed, with the thesis about the differentiation of the analysis in the admissibility and the merits judgments as background. , as well as the distinction between review and valuation of evidence in these resources. Thus, in the face of such concepts, it seeks to counteract the fallacious argument used by the Courts, which, in their own way, allow the provisional execution of the sentence imposed after the trial in the second instance, based on the justification in the absence of analysis of facts or evidence after this decision.