Presunção de inocência como garantia fundamental: apontamentos à luz da Constituição da República Federativa do Brasil de 1988 e do Código de Processo Penal de 1941

Abstract

The main focus of this article is to outline a reflective and informative analysis on the importance of the correct incidence of the Principle of the State of Innocence, provided for in the Federal Constitution of 1988, as well as to demonstrate its necessary achievement to strengthen the guarantees and fundamental rights disseminated as a corollary. of the Democratic Rule of Law. Tracing a historical trajectory leads us to think about the issue within a broader panorama, calling attention to note that if the principle exists, it is based on a reason for being, which in this case, is based on the safeguarding of individual freedom, such which, due legal process.