A EXECUÇÃO PROVISÓRIA DA PENA NO TRIBUNAL DO JÚRI SOB O PRISMA CONSTITUCIONAL

Abstract

The Jury Trial is responsible for adjudicating intentional crimes against life and presents specificities within the criminal justice system. Recently, Law No. 13,964/19 amended Article 492, item I, sub-item "e," and paragraphs 3 to 6 of the Brazilian Code of Criminal Procedure, allowing for the provisional execution of conviction sentences by the Jury when the penalty is equal to or exceeds 15 years of imprisonment, even if the defense's appeal is pending, which will not have a suspensive effect. This measure has raised concerns regarding its unconstitutionality, considering the presumption of innocence outlined in Article 5, LVII, of the Constitution of the Federative Republic of Brazil. Within this context, this research employed the hypothetical-deductive method, based on bibliographical and documentary research, an analysis of national legislation, and the jurisprudence of the Brazilian Supreme Court, to assess the legal possibility of provisional sentence execution in the Jury Trial. It was concluded that, although there is a legal basis for provisional execution, this measure is controversial, and its application should be removed from the Brazilian legal system, respecting the presumption of innocence and the fundamental rights of the accused.