O princípio da presunção de inocência na operação lava jato: a decisão do STF sobre prisão após condenação em segunda instância

Abstract

This scientific article will address a topic of extreme relevance to Brazilian Constitutional and Criminal Procedural Law: the analysis of whether the provisional execution of a sentence after conviction in the second instance constitutes a violation of the principle of presumption of innocence, enshrined in Article 5, item LVII, of the Federal Constitution. The study will examine the legal arguments for and against this practice, in light of the Democratic Rule of Law. Furthermore, a detailed analysis of the decisions issued by the Supreme Federal Court on the matter will be conducted, highlighting the fluctuation of understandings over time and the jurisprudential evolution of the Court. The main judgments that marked the discussion, as well as the constitutional arguments used, will also be examined. Finally, the work will focus on the votes of the Supreme Federal Court justices, highlighting the interpretative divergences and their repercussions on the Brazilian criminal justice system.