A execução provisória da pena: (in)compatibilidade da sua aplicação frente a Constituição Federal da República de 1988

Abstract

The main objective of the present monograph is to analyze whether there is (in) compatibility in the application of provisional execution against the precepts estimated in the 1988 Constitution. It is in this sense that we will analyze the principle of presumption of innocence, observing if it is possible to mitigate this constitutional guarantee of LVII, art. 5th The establishment of provisional execution would not be a possible definition of culpability of the accused, even before the res judicata, considering that our constitutional order establishes a time frame for the establishment of the culpability of the agent. Tracing the historical development of the presumption of innocence principle in international instruments, in Brazilian constitutions. It analyzes the doctrinal differences on the subject, as well as debating the position of the guarantor judge in the procedural legal system of constitutional bias, often threatened by the punitivist discourse.