CONSIDERATIONS ON THE PRINCIPLE OF PRESUMPTION OF INNOCENCE, ITS EVOLUTION IN BRAZILIAN LAW AND THE POSSIBLE IMPUNITY PRINTING IMPOSED BY THE TRIAL HABEAS CORPUS 84.078

Authors

  • Bruno Rafael Cipriano
  • Ricardo Feistler

Abstract

This research will seek to analyze, through a study of jurisprudence and doctrinal understanding as constitutional by the Supreme Court in the trial of Habeas 84,078, which declared unconstitutional the provisional execution of the sentence and the removal of the suspensive effect of appeals of criminal procedure, not be in accordance with the principle of presumption of innocence laid down in Article 5 of the Constitution LVII item. With that decision, the Supreme Court ends, often taking advantage of overly weakening of criminal law, which under strong influence of the media ends up creating a wide sense of impunity in society. Against this background, we aimed to clarify which measures represent greater legal certainty and credibility before the people, without hurting the presumption of innocence and other constitutional principles.

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Published

28-06-2013

How to Cite

CIPRIANO, B. R.; FEISTLER, R. CONSIDERATIONS ON THE PRINCIPLE OF PRESUMPTION OF INNOCENCE, ITS EVOLUTION IN BRAZILIAN LAW AND THE POSSIBLE IMPUNITY PRINTING IMPOSED BY THE TRIAL HABEAS CORPUS 84.078. Travessias, Cascavel, v. 7, n. 1, p. e8890, 2013. Disponível em: https://e-revista.unioeste.br/index.php/travessias/article/view/8890. Acesso em: 3 jul. 2024.

Issue

Vol. 7 No. 1 (2013)

Section

ENSAIOS E TEMAS INTERDISCIPLINARES

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