Raffael de Carvalho e Silva | Faculdade Católica do Tocantins (original) (raw)
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Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS)
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The problem analyzed in this work refers to the early imposition (before res judicata´s constitut... more The problem analyzed in this work refers to the early imposition (before res judicata´s constitution) of criminal penalties to defendants who are, by presumption, qualified not guilty by the Federal Constitution (art. 5º, subsection LVII). The importance of the reflections gathered in it comes from the juridical instability generated by the overruling performed by the Federal Court of Justice in Habeas Corpus n. 126.292/SP´s judgment, as well as Declaratory Actions of Constitutionality n. 43 and 44. In these processes, that court restored the understanding that there´s consonance between early penal execution and presumption of innocence. The work also outlines the presumption of innocence, in order to expose it´s historical, terminological and normative aspects. On the other hand, this work presents the juridical contours of penal execution, in order to analyze its presupposition (res judicata), demonstration as definitive or provisional and, even, its relation to the imprisonment modalities on criminal proceedings, besides comparing to the civil execution process. In its final part, the work analyzes, jointly, the early penal execution and the presumption of innocence, when it presents the hermeneutics issues around the theme, among which is highlighted the constitutional mutation.
The problem analyzed in this work refers to the early imposition (before res judicata´s constitut... more The problem analyzed in this work refers to the early imposition (before res judicata´s constitution) of criminal penalties to defendants who are, by presumption, qualified not guilty by the Federal Constitution (art. 5º, subsection LVII). The importance of the reflections gathered in it comes from the juridical instability generated by the overruling performed by the Federal Court of Justice in Habeas Corpus n. 126.292/SP´s judgment, as well as Declaratory Actions of Constitutionality n. 43 and 44. In these processes, that court restored the understanding that there´s consonance between early penal execution and presumption of innocence. The work also outlines the presumption of innocence, in order to expose it´s historical, terminological and normative aspects. On the other hand, this work presents the juridical contours of penal execution, in order to analyze its presupposition (res judicata), demonstration as definitive or provisional and, even, its relation to the imprisonment modalities on criminal proceedings, besides comparing to the civil execution process. In its final part, the work analyzes, jointly, the early penal execution and the presumption of innocence, when it presents the hermeneutics issues around the theme, among which is highlighted the constitutional mutation.