Discurso jurídico penal: a execução provisória da pena no discurso do Supremo Tribunal Federal

Abstract

The comprehension of this work should pass through under the slant of the criminal legal speech by the clipping of provisional execution of penalty under the eye of Federal Supreme Court, understanding this as an influencer of domination on the society, depending on who does it. That way, provisional execution of custodial sentence decided by Federal Supreme Court was justified by a criminal legal speech (declared) emitted by this Supreme Court, which presents the power to perform that discursive practice. The current work searches as a general objective, analyze the excuses of legitimation of provisional execution of penalty through the declared speech of criminal right. On that way, the specific objects of this monographic production are: describe about the fundamental rights of the presumption of innocence; talk about the behavior of speech, checking it its elements and types; point the declared speech of criminal right, as a way of justify and legitimate the adoption of advanced execution of penalty. Furthermore, the methodology applied is characterized by the deductive method, which explores the premises used on the present work, beyond the bibliographic procedure, because this author used books, thesis, monographs and articles to perform the present research. On this track, it can understand criticality that the results discussed here are demonstrations that the criminal right uses declared speeches, such as propagation of justice and the extinction of impunity caused the mitigation of the principle of presumption of innocence, which overshadow the real domination of the criminal, selective and stigmatizing legal speech. Over the exposed, it comes to the conclusion of this monographic narrative that provisional execution of penalty in its factual reality, results on this speech of impunity and institutional guarantees of justice, performing more selectivity and inequality on the criminal population.