THE FUNDAMENTAL RIGHT TO THE PRESUMPTION OF INNOCENCE: APPLICATION AND SOCIAL REFLEXES IN CONTEMPORARY BRAZIL

Abstract

The development of human rights was a milestone for the world's population, which experienced periods of humanitarian crisis such as the Second World War, and, in a national context, a highly oppressive and violent military regime. Among these rights, the principle of presumption of innocence became a basis for due criminal process, which aimed not only to protect possible innocent individuals from suffering disproportionate penalties, but also to ensure that fundamental guarantees were not arbitrarily curtailed by the State. However, what is observed in practice is a great difficulty in observing the presumption of innocence, with a right that is highly politicized, and a media that often encourages popular revenge as a way of achieving justice, often directed at individuals who do not had their conviction handed down. The consequences of this difficulty are shown in cases where innocent individuals are penalized, and previously in cases in which individuals with greater economic and social power postpone their defenses for an indefinite period of time and use impunity. In other words, a system that severely punishes the poorest, and is exaggeratedly lenient with the wealthiest. Thus, the present work aims to comment on the principle of non-culpability, or presumption of innocence, and its application and consequences for society. To this end, a qualitative literature review methodology is used, of a descriptive-exploratory nature, which analyzed materials available in electronic and physical media in order to understand the reality investigated. The materials analyzed indicate that the topic is complex, and that much still needs to be debated about the need for greater caution in the presumption of guilt of an accused, as well as about when the right to the presumption of innocence can be curtailed by legal interpretation.