Ações declaratórias de constitucionalidade 43,44 e 54: uma análise jurisprudencial à luz da presunção de inocência

Abstract

The purpose of this paper is to analyze the declaratory actions of constitutionality 43, 44 and 54 in the light of the principle of the presumption of innocence. Part of the following research question: The supreme court of brazil acted in compliance with the fundamental guarantee of the presumption of innocence, by modifying the jurisprudential understanding on the provisional execution of the penalty? To achieve the general objective of understand whether the modification of understandig jurisprudence violates the principle of presumption of innocence, it outlines as specific research objectives an analysis of fundamental rights, their extension and relativization, since the presumption of innocence is a fundamental right, as well as specifically analyzing the presumption of innocence and its general panorama and by the final analysis of the judgment of ADCS 43, 44 and 54 before the supreme court in the light of the principle of the presumption of innocence in order to verify if there was an extensive relativization of the content of the mentioned principle, which would violate the major law, or if your feeling has been maintained. This work is based on a qualitative approach, using bibliographic review and document analysis as methodological techniques. As a result, it appears that in 2019 the supreme federal court did not promote an extension of the principle of the presumption of innocence, but rather gave interpretation in the sense of reestablishing the full application of the fundamental guarantee, which was massively restricted in 2016 by the same Supreme Court.