AUTOMATIC IMPRISONMENT IN THE JURY COURT: AN ANALYSIS OF THE CONSTITUTIONALITY OF THE CHANGE RESULTING FROM LAW 13,964

Abstract

This scientific article aims to question the constitutionality of the change resulting from Law 13.964, known as the “Anti-Crime Package”, which introduced in art. 492, item I, item “e” of the Criminal Procedure Code (CPP), a new prison sentence that will be imposed in the first instance after a jury court decision in a sentence equal to or greater than 15 (fifteen) years, from which, by a majority of the ministers of the Federal Supreme Court (STF), decided to remove the 15 (fifteen) year condition, therefore the immediate sentence will be applied to all intentional crimes against life. In this sense, this article raises the following question: Is it constitutionally possible for the defendant to be immediately taken to prison before the final criminal conviction, simply because he is being tried in a jury court? The general objective is to present the probable unconstitutionality present in the automatic prison sentence in this court, while the specific objective is to identify the main doctrinal criticisms of the automatic prison sentence; analyze STF decisions that contradict the new provision; and demonstrate the regulatory impact brought about by this change. The methodology used to prepare this article was bibliographical research, via articles, theses, doctrine, websites, monographs, as well as documentary research such as legislation and case law. In view of this, the result achieved demonstrated that the change responsible for introducing automatic imprisonment in the jury trial is not in accordance with the Federal Constitution, the CPP and the previous understandings of the STF.