Litigância de má-fé no processo penal: o uso abusivo de recursos como instrumentos procrastinatórios e a execução provisória da pena

Abstract

The abuse of the right to appeal in the Criminal proceedings involves several issues to be analyzed. Such procedural conduct, taken as a litigator in bad faith, many times, uses many institutes and principles of law, intending to deceive the judge and frustrate law enforcement. This way, arises the need to safeguard the interests of society. Provisional enforcement, when we have an established case of use in appeal to procrastinate, appears feasible at the prospect of an efficient adjudication, in the light of a process of reasonable duration. Therefore, shouldn’t be argued that the principle of presumption of innocence protects those who act against the law, because it will be wrong. The right to two levels of jurisdiction and the presumption of innocence are aimed at those who, above all, seek to obtain justice by law. The legal system has as main scope the legality. The reasonable application of the principles shows the measure to be applied in the case.