A execução antecipada da pena na hipótese de condenação pelo tribunal do júri e a relativização ao princípio constitucional da não culpabilidade: uma análise do Leading Case RE 1235340

Abstract

This academic work aims to analyze the interpretation and constitutionality of the provisional execution of the sentence in convictions handed down by the Jury Court, in order to examine the oscillation in jurisprudence over the years by the Superior Courts, notably by the Federal Supreme Court (STF). The provisional execution of the sentence in the Jury Court, especially after the legislative innovation of Law 13.964/19 (Anti-Crime Package), brought significant changes and discussions within the Superior Courts and in the doctrine, being a current, mediatic and unstable topic in jurisprudence, in the legal and academic community. Thus, through the deductive method and the bibliographic review, it was possible to establish guidelines to address in a substantiated manner the issues that permeate the early execution of the sentence in convictions handed down by the jury. This work focuses on the recent judgment of Leading Case 1235340 and analysis of the votes that debated whether the sovereignty of the verdicts authorizes the immediate execution of the sentence and the (un)constitutionality of art. 492, inc. I, “e”, of the Code of Criminal Process. In this way, the legal uncertainty caused by the implementation of the possibility of early execution and the oscillations in case law becomes apparent, leading to the conclusion that, although the Supreme Federal Court's decision is recent, it will directly affect those convicted by the Jury Court and may lead to an increase in the prison population. Therefore, it is essential to restore legal certainty on this matter.