BETWEEN THE SOVEREIGNTY OF VERDICTS AND THE PRESUMPTION OF INNOCENCE: THE CONTROVERSY OF THE PROVISIONAL EXECUTION OF THE SENTENCE OF THE JURY

Abstract

Laws must be aligned with the precepts established in the magna carta under penalty of being invalidated. For this reason, the present work was developed with the objective of analyzing the constitutionality of the legislative change introduced in the Brazilian legal universe by the "Anticrime Package" (Law 13.964/2019), with regard to the provisional execution of the sentences handed down by the jury court, 15 years' imprisonment, that is, before the final judgment of the criminal sentence. To do so, the study sought to understand the implications of this change, especially with regard to the presumption of non-culpability, based on a literature review of doctrine, dry law and the jurisprudence of higher courts. In the end, it is concluded that this modification is unconstitutional, serving as a mere placebo for a terminal disease, the bankruptcy of the Brazilian criminal legal system. In addition, it was also possible to conclude that the problem can only be solved in its entirety with a structural reform of this system.