A (in)constitucionalidade da execução provisória das penas privativas de liberdade do tribunal do júri

Abstract

This scientific article is dedicated to analyzing the constitutionality of the proposed amendment introduced by Law No. 13,964/2019, art. 492, item I, paragraph “e”, of the Code of Criminal Procedure. This change deals with the provisional execution of the sentence in cases of crimes with a sentence equal to or greater than 15 years of imprisonment, when decided by the Jury Court. The central objective is to evaluate the conformity of this change with the precepts of the 1988 Federal Constitution. The approach comprises an in-depth analysis of aspects of the Jury Court, exploring the principles of the presumption of innocence, the double degree of jurisdiction and the sovereignty of verdicts. Furthermore, the constitutional principles related to the provisional execution of the sentence are examined, especially with regard to the formation of the defendant's guilt. The issue discussed involves possible offenses, specifically to the fundamental principles of the Federal Constitution, highlighting the prevalence of the sovereignty of verdicts to the detriment of other guarantees of the defendant, as evidenced by recent judgments. The choice of this topic is justified by legal uncertainty resulting from divergences in interpretation and lack of consensus on its applicability. The chosen method was hypothetical-deductive, using research into doctrine, legislation and other bibliographical sources. In conclusion, the study reveals that the provisional execution of the sentence is not in line with the provisions set out in the 1988 Constitution.