THE HISTORICAL EVOLUTION OF THE BRAZILIAN SUPREME COURT (STF) REGARDING THE APPLICATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS

Abstract

This study analyzes, from a constitutional and jurisprudential perspective, the application of the principle of the presumption of innocence in the Brazilian criminal process, with emphasis on the tensions and contradictions observed in the decisions of the Supreme Federal Court. It is based on the understanding of non-culpability as a fundamental structural guarantee, examining its relationship with pretrial detention and the prohibition of the execution of a sentence before the final and unappealable judgment. The research demonstrates that, although the Court generally reaffirms the impossibility of early execution of criminal penalties, it admits exceptions in specific contexts, such as cases decided by jury courts, revealing a non-uniform application of the principle. Therefore, the study seeks to show how these interpretative oscillations affect legal certainty and the coherence of constitutional jurisprudence, contributing to the debate on the limits of the State’s punitive power and the effectiveness of fundamental rights.