Relativização do princípio da presunção de inocência no HC n. 12.6292 pelo Supremo Tribunal Federal

Abstract

This article aims to elaborate on the relativistic principle of presumption of innocence made by the Supreme Court to dismiss the habeas corpus n. 126292 in February 2016. The principle of presumption of innocence, expressly provided for in the Constitution in Article 5, paragraph LVII, was relativized enabling the provisional execution of the sentence before the final and unappealable decision of the sentence. The Supreme in unprecedented vote changed the understanding that had been applied since 2009. Brazil before triggered corruption scandals with "Operation Lava Jet" and others as "monthly allowance" left weakened and susceptible to media influences society before that is causing pressure on the decisions of the Brazilian Supreme Court, undermining the democratic rule of law and fundamental guarantees. The presumption of innocence or guilt in not understanding the Minister and constitutionalist Luiz Roberto Barroso is a principle and not a rule, the principle can be balanced with other interests and objectives in question. To break this paradigm adopted by the Supreme Court and more precisely on the vote of Minister Barroso, this article proposes to interpret the problematic issue of the rule and principle from the perspective of Robert Alexy in Theory of Fundamental Rights. Building a concept of presumption of innocence through the historical development of the institute to the present.