JURY COURT AND THE CONSTITUTIONALITY OF THE PROVISIONAL EXECUTION OF THE SENTENCE

Abstract

Law 13,964/2019 amended art. 492, item I, paragraph “e” of the Code of Criminal Procedure, establishing as a rule the early execution of sentences in the case of conviction to a sentence equal to or greater than fifteen years. This legislative change revived the debate about the unconstitutionality of the provisional execution of the sentence, this time specifically in sentences handed down in the Jury Court. Therefore, this study aims to analyze the constitutionality of the provisional execution of the sentence. In methodology, it was a bibliographical review, based on scientific articles, books, periodicals, legal doctrines and jurisprudence. In the results, this change is still the stage for different understandings. Part of the legal doctrine understands it to be a constitutional measure. However, the majority understand that the legislative change is unconstitutional, as it violates the principle of presumption of innocence and sovereignty of the verdict, enshrined in the Federal Constitution in art. 5th, item LVII.