THE GUARANTEE OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE IN FACE OF EARLY SERVING OF THE SENTENCE

Abstract

The present article aims to analyze the guarantee of the constitutional principle of presumption of innocence in the face of potential early enforcement of a sentence following confirmation of a conviction at the second instance. As part of the methodology, doctrinal and jurisprudential works on the proposed subject were analyzed. Throughout the study, the origin of the presumption of innocence principle was examined, observing how it protects the accused in criminal proceedings, aiming to understand the procedural safeguards it establishes. Additionally, an analysis of the legal evolution of second-instance imprisonment in Brazil was conducted, along with an examination of the harms caused to the accused by this measure. In this context, to conclude the study, it was analyzed whether the early enforcement of the sentence after a second-instance conviction violated the constitutional principle of presumption of innocence. It was concluded that anticipating the sentence while appeals were still pending seriously violated this principle. Thus, it was concluded that it would not be possible to guarantee the constitutional principle of presumption of innocence in the event of early sentence enforcement.