A CONSTITUCIONALIDADE DA EXECUÇÃO PROVISÓRIA DAS PENAS IMPOSTAS PELO JÚRI: UMA PONDERAÇÃO DE PRINCÍPIOS

Abstract

This course conclusion paper has, as the purpose of research, the constitutionality of the provisional execution of the sentence imposed by the Jury Court. In order to reach an accurate understanding abaout this subject, it was firstly analyzed the changes in the article 492, I, “e” of the Penal Processual Code. Subsequently, there were presented, in different chapters of this this work, the most relevant constitutional principles relating to the object of research, analyzing each of these postulates and outlining their practical application in order to answer the question their practical application to answer the central question of this research. Among the constitutional principles, the following were explored in particular presumption of innocence, understood by many as the presumption of non guilt, and the sovereignty of jury verdicts, without neglecting to mention other relevant postulates, such as the right to life and the double degree of jurisdiction. The aim was to establish a safe procedure for weighing up the constitutional principles raised. principles. In addition, we dissected the general repercussion issue 1.068 of the Supreme Court of Brazil (STF), which dealt exactly with the issue of the constitutionality of the provisional execution of the sentence imposed by the jury. The conclusion of the work was that art. 492, I, “e” of the CPP is compatible with de Constitucion, however it needs an interpretation acoording to the Constitucion. We observed the prominence of the protection of the right to life and of the sovereignty of verdicts. It should be noted, however, however, that a conforming interpretation of the paragraph in question is recommended, in order to consider not only the provisional execution of a sentence equal or with more than fifteen years, but of any sentence imposed by the Jury, as the STF rightly concluded on the occasion of Topic 1.068.