Impunidade ou prevenção: uma análise crítica acerca do princípio da presunção de inocência

Abstract

This monographic work proposes, as its main objective, to approach the effects of the presumption of innocence, a principle provided for in Article 5, LVII of the Federal Constitution. The choice of this theme is due to the importance and wide application of this principle in criminal and procedural law; recent discussions not only in the superior courts and in the legal environment, but also in the social environment, and also for their participation in the defense of human dignity and the guarantee of fundamental rights. The research on this theme relies on the bibliographic and documentary methodology in which, initially, in the first chapter of this article, they will be explored: the concept, characteristics, historicity, applications and other properties concerning non-culpability. Then, it will be analyzed how the presumption of innocence guarantees the defendant in criminal proceedings, the state of innocence until a condemnatory criminal sentence that imposes guilt. At the same time, it will be reported about the effects of article 5, LVII of the CF within the criminal process. Finally, in the last chapter, precautionary prisons, also called procedural prisons, will be analyzed: types, legislation, peculiarities, requirements and other relevant aspects. In addition, the possibility of the coexistence of these penalties and the principle of the presumption of innocence in the legal system will also be addressed.