Prisão em segunda instância: combate à impunidade em detrimento ao princípio da presunção de inocência

Abstract

This work aims at the technical analysis of the prison after second conviction, considering the fight against impunity and the Principle of Presumption of Innocence. We deal briefly with the types of pretrial detention provided for in art. 312 of the CPP, as well as the precautionary measures created as alternatives to procedural arrest, listed in art. 319 of the Code of Criminal Procedure. We comment the constitutionality control of art. 283 of the CPP, in particular the Direct Actions of Constitutionality nº 43 and 44 and finally some aspects of the judgment of the Federal Supreme Court in Habeas Corpus number 126.292 / 2016, in which it was defined the possibility of executing the sentence as of a conviction in the second instance. Data vênia, such decision faces the item LVII, of art. 5 of the Federal Constitution where it prevents that no one will be considered guilty until the final sentence of condemnatory criminal sentence. By means of this monograph it is tried to compare the arguments used by the ministers of the high court of the new constitutional interpretation of the presumption of innocence. It deals with the present matter of great importance in the academic world, inasmuch as it enables the defendant to begin serving the sentence from a conviction in the second instance. This monograph demonstrates the relevance of the subject and the need to seek to explore the subject.