THE DIMENSIONS OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE: LEGAL IMPLICATIONS

Abstract

The objective of this scientific research is to address the existing dimensions within the scope of the principle of presumption of innocence, as well as to evaluate the legal implications arising therefrom. In this regard, the principle of presumption of innocence is provided for in the core of the Magna Carta of 1988 and is one of the pillars of the Democratic State of Law. Despite being a principle of inestimable importance, given that it not only guarantees protection against state arbitrariness, but also regulates criminal procedural relations, it has been subject to divergent interpretations by the Superior Court of Justice. This fact results in legal uncertainty, since frequent changes in case law directly impact the balance between the fundamental rights of the accused and the effectiveness of criminal justice. Based on these analytical assumptions, it is consistent with the position that the relativization of the presumption of innocence has significant impacts, compromising several constitutional guarantees and other basic principles of criminal proceedings, in addition to having concrete implications for society. Therefore, future studies must explore the interaction between the presumption of innocence and other constitutional principles, such as the principle of proportionality, seeking a balance that ensures both the fundamental rights of individuals and the efficiency of criminal justice. Regarding the methodology adopted in this scientific article, emphasis is placed on the use of bibliographic, doctrinal and jurisprudential instruments, given that the topic under discussion is predominantly theoretical and has qualitative criteria.