EXECUÇÃO PROVISÓRIA DA PENA: uma análise sob a ótica dos princípios constitucionais que norteiam o processo penal

Abstract

The present work of conclusion of course brings significant information about the provisional execution of the sentence, its unfolding in the current legal scenario, and the precise analysis of the principle of presumption of innocence. Initially the project brings to the reader a study on the evolution of the prison system in the world scenario, as well as its species. Soon after the reader will be faced with an analysis made about the types of punishment foreseen in Brazil as well as the peculiarities predicted in each species. Nevertheless, there is at present a study of the constitutional apparatuses connected to the principles that bind the criminal process and the criminal law the fundamental guarantees of the citizen. In addition, the reader will have an analysis of the judicial and social impact caused by the provisional execution of the sentence after conviction in a second degree of jurisdiction, and the constitutionality of HC 126.292 / SP. And finally the work intends to justify the reason why the provisional execution is not viable, and the state can not forge the rights and guarantees of the citizens reached through much struggle and sacrifice for the Brazilian people.