A execução provisória da pena frente o habeas corpus nº 126.292/SP: uma análise sobre sua (im)possibilidade

Abstract

In view of the importance of the right to freedom of, constitutionally guaranteed, the objective of the present work of conclusion of course is to analyze the decision of the Federal Supreme Court in the HC 126.292/SP, which determined that provisional execution of the sentence was possible, after confirmation of the decision of first degree in the recursal instance, regardless of the occurrence of the res judicata, being verified, like this, if the Brazilian legal system includes the interpretation given by the Ministers in the abovementioned judgment. nitially, all the votes of the ministers will be analyzed, verifying what the arguments were raised by them, which served as a basis for their decision. Next, the Principle of the Presumption of Innocence is studied, as well as the institute of the precautionary prisons, being verified the compatibility existing between them. Subsequently, all arguments that are favorable to the provisional execution of the sentence are rebutted, as was decided in HC 126.292 / SP, in order to demonstrate that such arguments are not the most appropriate to the reality and the Brazilian legal system. In the end, we will verify if the principle of presumption of innocence entails the extensive interpretation given by the STF in HC 126.292/SP.