Presunção de inocência e execução provisória da pena: uma questão de interpretação

Abstract

The present work seeks to analyze whether the detention in the second instance, even if pending possible extraordinary appeals (Special Appeal and Extraordinary Appeal), offends the principle of presumption of innocence, constitutionally provided for in art. 5, item LVII of the Federal Constitution. To this end, the principle structure and extension of the presumption of innocence principle will be addressed. The issue of constitutional hermeneutics will be approached by supporting the analysis of the oscillating jurisprudence of the Federal Supreme Court on the subject. In the end, if several arguments are raised against and in favor of the provisional execution, it will be a critical analysis to condense all the above in order to build a more adequate and fair conclusion to the theme of the provisional execution of the sentence.