A execução provisória da pena no rito do Tribunal do Júri: uma análise da constitucionalidade da jurisprudência do STF sob a ótica da teoria geral dos precedentes

Abstract

The provisional execution of the sentence in Brazil is a controversial subject, having obtained different understandings from the Federal Supreme Court in recent years. With the enactment in law of the call for provisional execution applicable to the rite of the Jury Court, it was necessary to analyze the constitutionality of the aforementioned institute. Through a bibliographical and jurisprudential research, it was possible to choose a precedent applicable to the case, as a way of highlighting the impossibility of using the principle of sovereignty of verdicts as the basis for the provisional execution of the sentence in the rite of the Jury Court. It was possible to conclude for the possibility of applying the Theory of Precedents to the case, through analysis of its surrounding history. In view of the choice of precedent and its application from the perspective of the Theory of Precedents, it was concluded that the provisional execution of the sentence in the Jury Court was unconstitutional, due to violations of principles such as the presumption of innocence, as well as the non-prevalence of sovereignty of the verdicts as the main ground.