The presumption of innocence in the context of the Universal Declaration of Human Rights and their relativization by the Supreme Federal Court

• Autor(a) principal: Johner, Marcos Afonso
• Data de Publicação: 2018
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Diálogo
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/Dialogo/article/view/5164
• topic: Presumption of innocence; provisional execution; incompatibility; Universal Declaration of Human Rights; Federal Constitution; Presunção de inocência; execução provisória; incompatibilidade; Declaração Universal dos Direitos Humanos; Constituição Federal

The purpose of this written is to verify whether the provisional execution of the penalty is compatible with the Universal Declaration of Human Rights and with the Federal Constitution. The study of the topic presented is important insofar as it transcends the academic debate, since it has a direct impact on the area of jus libertatis of the accused in criminal proceedings. The deductive method was used, through indirect documentary research. In the end, it was found that the novel understanding of the Federal Supreme Court, by permitting the provisional execution of the penalty, conflicts with the presumption of innocence and, as a consequence, with the Universal Declaration of Human Rights and the Federal Constitution, for anticipating the judgement of guilt before the transit on trial of the damning criminal sentence.