A presunção de inocência e a execução provisória da pena no Tribunal do Júri

Abstract

The study aims to change the constitutionality presented by analysis nº 13964/19, known as the Anti-Crime Package, in article 492, item I, item “e” and paragraph 4 of the Criminal Procedure Code, also based on the principles of presumption of innocence and the sovereignty of verdicts. In this context, the provisional execution of the sentence is under discussion, which in November 2019 was ruled unconstitutional by the Federal Supreme Court in ADC's 43, 44 and 54. In force of Law No. 13.964/19, giving new wording to article 492 of the Criminal Procedure Code. Based on this innovation, the early execution of the sentence was authorized in the Jury Court for convictions in which the sentences are equal to or greater than 15 years, as well as the loss of the suspensive effect of the Jury's appeal. In this way, the purpose of the work is to assess the constitutionality of the norm, based on rights, fundamental guarantees of the individual and the aforementioned principles.