THE IMPORTANCE OF THE PRESUMPTION OF INNOCENCE IN BRAZILIAN CRIMINAL PROCEDURE: THE DILEMMA OF THE DECISION GIVEN IN ADCS 43, 44 AND 54, WHICH DECLARED THE CONSTITUTIONALITY OF ARTICLE 283 OF THE CPP

Abstract

This study aims to analyze the impact of the presumption of innocence principle, established in Article 5, item LVII, of the Brazilian Federal Constitution of 1988, on criminal and procedural law. This principle dictates that no one shall be considered guilty until the final judgment of a criminal conviction, representing one of the most important constitutional guarantees in a Democratic State of Law. The research focuses on the analysis of the Constitutional Declaratory Actions (ADCs) 43, 44, and 54, judged by the Brazilian Supreme Court (STF), which reaffirmed the necessity of a final judgment for sentence execution, causing significant impact on the national legal landscape. These decisions intensified the debate over the efficiency of the Brazilian criminal system, the protection of fundamental rights of defendants, and society's perception of impunity.

Moreover, the study examines Article 283 of the Code of Criminal Procedure (CPP), which reinforces the understanding that imprisonment can only occur after a final judgment, except in cases of preventive detention. The research also explores the importance of alternative precautionary measures to imprisonment as a solution to prevent premature sentence enforcement, highlighting their role in protecting defendants' rights while awaiting a final judgment. The methodology used is based on bibliographic and documentary analysis, including doctrines, jurisprudence, and recent decisions from the STF, aiming to understand the impact of the court's decisions on the application of the presumption of innocence principle. The study also discusses doctrinal and legal divergences regarding provisional sentence execution and its implications for the criminal justice system. In conclusion, the presumption of innocence principle, although creating tensions between the need for efficiency in combating crime and ensuring a fair trial, remains a fundamental pillar for safeguarding individual rights and freedoms. The Brazilian Supreme Court, through its rulings, reaffirmed its commitment to protecting these rights, emphasizing the necessity of a final judgment before sentence execution to guarantee justice and legal security within the Brazilian legal system.