THE SOVEREIGNTY OF JURY COURT VERDICTS VERSUS THE PRESUMPTION OF INNOCENCE: AN ANALYSIS IN LIGHT OF STF THEME 1,068

Abstract

The Jury Court is responsible for judging grievous crimes against life and plays a fundamental role in the Brazilian justice system. A relevant issue involves the immediate application of the sentence after the jury's verdict, even before the sentence becomes final, considering that the jury's decisions are subject to appeal. Although the early execution of the sentence is defended by some jurists, in respect of the principle of sovereignty of verdicts, it conflicts with the constitutional principle of the presumption of innocence, which guarantees that no one can be considered guilty until the final judgment. This paper analyzes the debate between these two constitutional principies, in light of the judgment of Theme 1.068 by the Federal Supreme Court, which allowed the provisional execution of sentences in the Jury Court.