EXECUÇÃO PROVISÓRIA DA PENA E O CASO LULA: UMA ANÁLISE A PARTIR DOS VOTOS DOS MINISTROS DO SUPREMO TRIBUNAL FEDERAL

Abstract

This work proposal discusses the principle of presumption of innocence and conceptualizes it, historically analyzing its acceptance in the legal field. Before the final decision becomes final, he understands that the possible arrest after the second instance court is unconstitutional. Initially, the consolidation of the constitutional review in Brazil, the historical background of the country's constitutional protection to criminal proceedings and the Supreme Court's understanding of the early execution of sentences were discussed. The main arguments, evidence and sources of the five objections in the ADC judgment are then described. Finally, a critical analysis is made to explore the reasons used in ministerial voting, considering these concepts of voting consequences. We tried to answer research questions and pointed out that in the vote against the origin of the ADC, the external consequences for society, related to the fight against corruption and criminal effectiveness, were considered, and policy arguments were used to undermine the main arguments.