Prisão após a condenação em segundo grau de jurisdição: analise digressiva de suas alterações; ponderação de princípios e proposições legislativas

Abstract

In view of the great discussion existing in the legal and political environment between 2016 and the joint judgment of the constitutionality's right actions 43, 44 and 54, the present work has the ability to analyze the constitutionality of the execution of the sentence after the second degree conviction. Taking as a starting point the constant changes in jurisprudence from 2009 onwards, considering the principles of the presumption of innocence and due legal process and its corollaries, such as the contradictory and broad defense, as well as the fulfillment of the double degree of jurisdiction that ends in ordinary jurisdiction. It will also analyze the extraordinary appeal as well as political facts that gave rise to the discussion about the arrest after the conviction in the second criminal instance. To this end, jurisprudence, doctrines, articles made available on the internet that corroborate the analysis of the theme were analyzed, were also analyzed, through research sites, laws, legal sites and legislative proposals. Using a qualitative approach methodology, through a descriptive study in order to obtain reliable data from the literature review and judicial decisions.