A PRISÃO OBRIGATÓRIA NO TRIBUNAL DO JÚRI E O PRINCÍPIO CONSTITUCIONAL DA PRESUNÇÃO DE INOCÊNCIA

Abstract

The Law 13,964/2019, commonly known as the "anti-crime package", introduced significant changes in the Brazilian penal system, including the possibility of provisional execution of the sentence in cases of conviction for crimes under the jurisdiction of the Jury with a penalty equal to or exceeding 15 years, as established in article 492, item I, subparagraph "e" of the Code of Criminal Procedure. This measure raises questions related to constitutionality, especially regarding the principle of presumption of innocence, enshrined in article 5, item LVII of the Federal Constitution, and the sovereignty of the verdicts rendered by the Jury. This article proposes a detailed analysis of the (un)constitutionality of this legal provision, considering also the importance of the sovereignty of verdicts as a pillar of the Brazilian criminal justice system.