Ações declaratórias de constitucionalidade 43,44 e 54: uma análise jurisprudencial à luz da presunção de inocência
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Date
2021-06-18
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Universidade Católica do Salvador
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.
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Keywords
Presunção de inocência, Execução provisória da pena, Direitos fundamentais, Presumption of innocence, Provisional execution of the penalty, Fundamental rights