Analysis of the provisional execution of penalty referred to condemnial judgment

Abstract

The purpose of this paper is to analyze the provisional execution of the sentence and its application in the Brazilian legal system, against the principle of presumption of innocence. The supreme court, opposing to its jurisprudence, at the judgment of Habeas Corpus 126.292, decided that the sentenced person in the second instance may immediately initiate the provisional execution of his sentence. It was possible to conclude that the provisional execution of the sentence motivated solely by reason of a condemnatory judgment can be challenged is in accordance with the constitutional principle of the presumption of innocence. It represents a legal retrogression, with total affront to the Brazilian constitution and the international treaties ratified by this country.