The The presumption of innocence against the provisional execution of the penalty: an analysis in the light of the international human rights system

an analysis in the light of the international human rights system

Abstract

The presumption of innocence, besides being protected by the Federal Constitution of Brazil, is ensured by international human rights treaties to which Brazil is a signatory. In this article, we sought to investigate the position of the supranational courts of human rights on this issue and whether the new position of the Brazilian Court violates this principle, including the constitutional commandments of the 1988 Constitution. After the change of position of the Supreme Court which allowed the provisional execution of the sentence of deprivation of liberty when the conviction on appeal was confirmed, in a decision issued in Habeas Corpus No. 126.292 / SP, many discussions arose about the possible violation of the principle of innocence. Therefore, through bibliographical research in doctrine and jurisprudence, a deductive approach was used in the research. From this, it was concluded that the Brazilian Supreme Court restricted constitutionally guaranteed rights, as it did not observe the extension of the presumption of innocence conferred by the Federal Constitution of 1988.