A execução provisória da pena no âmbito do tribunal do júri à luz dos princípios constitucionais da não culpabilidade e da soberania dos veredictos

Abstract

The present investigation seeks, in the light of the constitutional principles of Presumption of innocence and sovereignty of verdicts, to analyze the automatic execution of the sentence by virtue of the decisions of the jurors. Freedom, being a right of immeasurable importance for the citizen, it is justified to analyze in detail the institutes that are used to curtail it. It’s main objective is to investigate whether the institute of provisional execution is consistent with the principles of sovereignty of verdicts and non-culpability. Is there harmony between the institute of provisional execution of the sentence, regardless of the quantum of penalty imposed on the defendant, within the scope of the jury trial, with the principles of non-culpability and sovereignty of verdicts? he method of research is dialectical. The present study used the procedure of bibliographic research. Finally, it is concluded that there is no harmony between the principle of the presumption of innocence and the provisional execution of the sentence, since the Federal Constitution conditioned the verification of guilt to the final and unappealable nature of the criminal sentence; in addition, the institute does not harmonize with the sovereignty of verdicts because it is a guarantee to the accused and because it is not an immutable decision, being subject to challenge, especially by the Criminal Review.