Da constitucionalidade da execução imediata da pena após condenação pelo tribunal do júri: a plena aplicabilidade da reforma veiculado pelo “pacote anticrime” ante a formação da coisa julgada parcial

• Autor(a) principal: Sulzbach, Ana Rita
• Data de Publicação: 2020
• Outros Autores: Rocha, Larissa Coelho, Keyne, Ludmilla Espindola Cardoso
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1624
• topic: Soberania dos Veredictos; Execução Imediata da Pena; Presunção de Inocência; Supremo Tribunal Federal; Pacote Anticrime; 6.01.00.00-1 direito

When it comes to the possibility of the immediate execution of the sentence after conviction by the Jury Court, the principle of the verdict sovereignty, provided for in article 5, subparagraph XXXVIII, “c” of the Federal Constitution of 1988, finds a strong conflict with the principle of the presumption of innocence, provided in subparagraph LVII, of the referred article. Recently, the Federal Supreme Court ruled that it was impossible to carry out the sentence early in the ordinary rite, however, there is no explicit pronouncement by the plenary of the supreme court regarding the judgments in the jury rite. At the beginning of the year 2020, the “Anticrime Package” came into force, which modified the moment of the execution of the condemnatory criminal sentence handed down by the Jury Court. The primary objective was to carry out a brief conceptualization of the principles that govern the Jury Court, justifying its sovereign existence, demystifying the conflict between the constitutional principles of the Verdict Sovereignty and the Presumption of Innocence, analyzing the position of the Supreme Court regarding the immediate execution of the penalty, especially Extraordinary Appeal No. 1.235.340, and the full applicability of the reform conveyed by the “Anticrime Package”. The study was developed through bibliographic research, with support in books, monographs, master's dissertations, articles, legislation and judicial decisions. The research concludes by indicating the constitutionality of the immediate execution of the sentence, taking into consideration the will of the jury, since the Jury Court represents the people, contemplating a greater and a integrate justice. However the work demonstrates that the modification made by the “Anticrime Package” is already being applied by the courts, its full applicability can only be confirmed when we have a position of the Supreme Court on the subject, so that the matter is pacified, ending the juridical insecurity.