EXECUÇÃO PROVISÓRIA DA PENA: Análise acerca da constitucionalidade do tratamento diferenciado dispensado às decisões do Tribunal do Júri

Abstract

This article analyzes the provisional enforcement of criminal sentences in the Brazilian legal system, with particular attention to the constitutionality of the differentiated treatment given to convictions rendered by the Jury Court. Drawing on the evolution of the case law of the Federal Supreme Court, especially between 1991 and 2024, the study examines the contrast between the presumption of innocence—which requires a final and unappealable judgment for the commencement of sentence enforcement—and the sovereignty of jury verdicts, invoked as a basis for authorizing the immediate enforcement of such decisions. Using qualitative, bibliographic, and documentary research conducted through the deductive method, the article revisits landmark decisions, including HC 126.292, ADCs 43, 44, and 54, and RE 1.235.340/SC, as well as the amendments introduced by Law No. 13,964/2019. The analysis highlights the instability of the jurisprudence and the existence of divergent doctrinal positions. It concludes that, although the prevailing judicial understanding currently supports the immediate enforcement of jury convictions based on the sovereignty of verdicts, this distinction does not align with the constitutional principles governing criminal proceedings, particularly the presumption of innocence.