A (in)constitucionalidade da execução provisória da pena no âmbito do tribunal do júri

Abstract

This paper addresses the theme of the provisional execution of a sentence within the scope of the Jury Court. This topic is particularly relevant as it involves fundamental rights that are central to the discussion. In this context, the paper delves into the debate concerning the constitutionality or unconstitutionality of this issue. The objective is to examine whether the sovereignty of the verdicts alone would justify the imprisonment of a defendant in the first instance in the sentences rendered by the Jury Court. The decision of the Federal Supreme Court in the Extraordinary Appeal 1.235.340-SC established the understanding that the sovereignty of the verdicts authorizes the immediate imprisonment of the convicted defendant in the Jury Court, regardless of the length of the sentence imposed. Specific objectives include analyzing doctrinal discussions on this topic, investigating whether there is indeed incompatibility between the principle of Sovereignty of the Verdicts and the Presumption of Innocence, as well as interpreting Article 5, item LVII, which guarantees the presumption of innocence and exploring the consequences of its relativization. Moreover, it is essential to examine the necessity of provisional sentence execution in light of the existence of precautionary detention, and finally, to outline the general lines of the Supreme Court's decisions on the subject. Additionally, this research is based on bibliographic studies, analysis of Supreme Court rulings, scientific articles, theses, and dissertations, as well as the study of key disciplines related to the theme, such as Constitutional Law, Criminal Procedure Law, Criminal Law, and Human Rights.