A EXECUÇÃO PROVISÓRIA DA PENA: análise da decisão da Suprema Corte no Habeas Corpus 126.292/SP sob a ótica do Princípio da Presunção de Inocência

Abstract

This monograph aims to determine the (in) constitutionality of the decision of the plenary of the Supreme Court, the judge Habeas Corpus 126,292 / SP, on 17 February 2016. This decision led to a change in the case law of the Supreme cut, as from that judgment, the House has to understand that the provisional execution of the criminal sentence does not compromise the constitutional principle of the presumption of innocence guaranteed by Article 5, paragraph LVII of the Constitution. Thus, in order to analyze it, this work holds in its content a brief report on fundamental rights, since the aforementioned principle of the presumption of innocence is a fundamental guarantee of the accused in criminal proceedings. Moreover, aiming to deeply explore the decision of the Supreme Court, part of the current study, the concept of the principle, and shows up synthetically its history, and still talks about his status entrenchment clause on their protection through Article 283 of the Criminal Code and on its final timeframe (the final and unappealable decision), listing, finally, some case law as a demonstration of your application. Soon after, lectures is, on that change the case law of the Court, presenting a brief summary of the case that gave rise to the judgment, a quick explanation about the votes and the ministers decision in that habeas corpus, listing at the end, recent case law understandings of Brazilian courts from such decision.