Preventive prisoning under the light of the principle of the presumption of innocence

Abstract

The present work of scientific article, proposes to examine analytically and synthetically, the principle of the presumption of innocence and the provisional execution of the sentence. Using through constitutional legislation and through jurisprudence and doctrinal decisions on the subject. This scientific article, sought to analyze in a historical and contextualized way, the various decisions about this principle, as well as the provisional execution of the sentence. Addressing interpretations of STF ministers, the work sought evidence on the light of the constitutional norm the unconstitutionality of the anticipation of the execution of the sentence restricted to freedom, so that the fundamental guarantee of the principle of presumption of innocence must be respected. In this way, the anticipation of the execution of the sentence, could only become in fact a constitutionally legal norm, if a new Magna Carta in force is elaborated. However, for this purpose, a new constitution could make the Brazilian legal system even more insecure, in view of the different divergent interpretations about a principle and a norm that has already been conquered through many struggles, minimum fundamental guarantees of each citizen.