A LEI 13.964/19 E A (IN) CONSTITUCIONALIDADE DA EXECUÇÃO ANTECIPADA DA PENA NO TRIBUNAL DO JÚRI

Abstract

The Anti-Crime Package (Law No. 13.964/2019), which came into force almost four years ago, brought about a series of changes to criminal matters in the Brazilian legal system. One of them is controversial and may have been enacted without observing an important constitutional principle valued in the Federal Constitution: the presumption of innocence. The new wording, which amended art. 492 of the Code of Criminal Procedure, inserted in point e, item I, that those convicted by the Jury Court to a sentence of 15 years or more must be immediately arrested and begin serving their sentence early. The issue is a source of divergence in doctrine and jurisprudence, which, to date, has not settled the understanding to resolve the doubts and questions of society and the accused. Throughout this work, we sought to analyze the constitutionality of this article. An analysis was made of the jurisprudential evolution of the Federal Supreme Court (STF) on the various changes of understanding regarding the provisional execution of sentences and the presumption of innocence. The constitutionality of the article was being considered by the STF, with recognized general repercussion; however, the trial recently returned on 08/07/2023 to the agenda, but will be restarted, still without a date in the STF. The method adopted in this work was deductive, and the technique used was a bibliographic survey and documentary research, in research sources that mainly include articles, books, dissertations, theses and other scientific publications.