Habeas Corpus 126.292: prisão em segunda instância e a presunção de inocência no Supremo Tribunal Federal

Abstract

The purpose of this paper is to study the Principle of Presumption of Innocence in the decision of the Federal Supreme Court in Habeas Corpus number 126.292 / 2016, in which it was decided that it is possible to execute the sentence as of the second instance judgment. Such importance of this judgment is due to the fact that until then, only the execution of the sentence was allowed after all the remedies had been exhausted. This monograph seeks to compare the arguments used by the ministers of the supreme court, who thus arrive at this new constitutional interpretation of the presumption of innocence or, second part of the doctrine, of not guilty. It addresses, therefore, the present matter of great importance in the academic arena, as well as for legal practitioners in general, insofar as the possibility of the defendant starting to serve the sentence from a second judicial instance, leads to changes in Paradigms, both in the strategies of lawyers in defense of their clients, and now in a greater speed of justice. Being a current topic, despite the recent general repercussion of the Supreme Court, it is still a subject for debate by the legal environment. This monograph presents some statistical data and jurisprudence, as well as relevant legislation, demonstrating that the subject matter is relevant, and that this work seeks to explore the subject. Thus, the subject on canvas can be object of study by the juridical and academic means.