O tribunal do júri e a (in)constitucionalidade da execução imediata da pena: uma análise à luz dos princípios da presunção de inocência e da soberania dos vereditos

Abstract

This study analyzes the constitutionality of the provisional execution of sentences applied within the Jury Court. The objective is to evaluate how the doctrine and jurisprudence on the provisional execution of the sentence are positioned in this context, seeking, through the divergent points, to find the most appropriate option for the Brazilian legal system. The methodology used was descriptive research, using the deductive method, with consultation of articles, books, scientific journals and, mainly, the votes of the ministers of the Federal Supreme Court (STF) given in the judgment of Topic 1068, originating from the Extraordinary Appeal No. 1,235,340. The central question of this study is how to position the doctrine and jurisdiction regarding the constitutionality of the provisional execution of the sentence within the scope of the Jury Court. The work analyzes the institution of the jury, its fundamental principles and rite, and the relationship of provisional execution with the principles of presumption of innocence and sovereignty of verdicts, aiming to provide a better understanding of the conflict between these principles. Finally, it examines the jurisprudential perspective through the votes of the STF ministers. It is concluded that the early execution of the sentence in the Jury Court is incompatible with the current constitutional order, especially with the principle of presumption of innocence, defending the unconstitutionality of art. 492, item I, paragraph ‘e’, of the Code of Criminal Procedure and immediate execution in the Jury Court.