Prisão automática após decisão condenatória em segunda instância: uma análise sobre o entendimento do STF à luz do Pacto de São José da Costa Rica São Luís

Abstract

The present work deals with the convention, in the face of the American Convention on Human Rights, also called the Pact of San José, Costa Rica, on the decisions of the Federal Supreme Court in relation to the hypothesis of automatic arrest, different from the precautionary one, after confirmation of sentence in second instance. It should be noted that the guarantee of individual rights in Brazil is gaining contours of difficult balance, since the decision of the Federal Supreme Court of 2016, in relation to HC nº 126.292 / SP, the understanding was modified until then on the subject, making possible the arrest, different from the precautionary, before the final sentence of the condemnatory sentence, as established in the Federal Constitution. Thus, there is scope for discussion on the proper application of the principle of presumption of innocence in the country by this decision in the aforementioned constitutional rem-edy and, therefore, it is imperative to understand the compatibility of said decision of the STF and subsequent decisions that confirm such understanding, with the guide-lines established by the Pact of San José of Costa Rica, of which Brazil is a signatory and which deals with Human Rights. For this purpose, the effects of the decisions of the Federal Supreme Court on the subject and its conventionality in relation to the said Pact will be investigated.