A (in)constitucionalidade da execução provisória das penas emanadas do Tribunal do Júri : um conflito entre os princípios da presunção do estado de inocência e da soberania dos veredictos

Abstract

The “Pacote Anticrime” brought the possibility of provisional execution of jury court sentences when equal to or greater than fifteen years of imprisonment, provided for in the current wording of Art. 492, I, e, of the Criminal Procedure Code. Provision that presents apparent defect of constitutionality. Possible violation of the Principle of the Presumption of the State of Innocence, a rule present in the Federal Constitution that guarantees that all those accused in criminal proceedings will be considered innocent until the final and unappealable sentence is passed. In contrast, the Principle of Sovereignty of Verdicts is argued to attest to the constitutionality of the said rule, as it guarantees the immutability of the merits of the decision issued by the sentencing council. Controversy that makes up the current discussion of the Federal Supreme Court, present in ADI 6783, in ADI 6735 and in General Repercussion Issue No. 1068. It was concluded that the alteration promoted by the Anti-Crime Package violates the Principle of the Presumption of the State of Innocence, being, therefore, unconstitutional, as well as it was understood that the Principle of the Sovereignty of Verdicts is not capable of guaranteeing the constitutionality of the mentioned norm.