JURY COURT AND EARLY EXECUTION OF SENTENCE: AN ANALYSIS IN LIGHT OF CONSTITUTIONAL PRINCIPLES AND THE STF

Abstract

This article aims to discuss and reflect on the possible conflict between the sovereignty of verdicts and the presumption of innocence, in the context of theme 1068 of the Federal Supreme Court, which declared the immediate execution of the sentence constitutional in the case of conviction by the Jury Court. In this sense, the work intends to take an approach, starting from the analysis of constitutional principles, and the decision of the STF, in accordance with domestic Criminal Law and the majority Doctrine. Amid legal discussions on the subject, the aim is to point out whether the Federal Constitution was violated. Furthermore, the work also seeks to corroborate the notion of how important it is to pay attention to constitutional principles and how to ensure the fundamental rights of those facing criminal proceedings.