A execução da pena após a condenação em segunda instância no sistema jurídico brasileiro
This research aims to analyze the possibility of execution of the sentence after conviction in the appellate court, accordingly to the Brazilian legal system. Under rule of law, fundamental rights are central elements of the legal system. As provided for by the Article 5, the principle of presumptio...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51759 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | This research aims to analyze the possibility of execution of the sentence after conviction in the appellate court, accordingly to the Brazilian legal system. Under rule of law, fundamental rights are central elements of the legal system. As provided for by the Article 5, the principle of presumption of guilt is a defining precept of the criminal process. Before the Brazilian Constitution of 1988, the understanding was common ground in the sense that the execution of the sentence before the final decision was taken. However, considering the wording set in item LVII, the legal literature questioned whether such compliance with the sentence would be incompatible with the constitutional ruling. In 2009, this understanding was confirmed by the Supreme Court. In order to deal with this standoff, it is important to understand the unfoldings of this principle in the criminal procedure to then analyze whether the constitutional ruling indeed hinders the execution of the sentence before the final and unappealable decision is rendered. Thereafter, it is discussed the compatibility of the enforcement of the sentence after the appellate court conviction with the infraconstitutional rules. The alleged prohibition provided for in article 283 of the Brazilian Criminal Procedure Code is analyzed. Subsequently, the work addresses the effects of the joint judgment along with the appeals of an extraordinary nature. Finally, the proposed changes to the rules will be analyzed in order to expressly provide for the possibility of enforcement of the penalty after the conviction at appeals court in the Brazilian legal system. In the end, the enforcement of the sentence after conviction in second instance should be the rule in the Brazilian legal system, but because of the jurisprudential impasse of the Supreme Court, the Legislative Branch should emphatically express itself on this issue. |
|---|