A (In) constitucionalidade da execução provisória da pena no Tribunal do Júri

Abstract

This monograph aims to arouse reflection and discussion in the juridical community, without obviously exhausting them, concerning the provisional execution of the sentence in the Trial by Jury, whose penalties are over 15 years, authorized by the Criminal Procedure Code with the new redaction of article 492, item I, subheading “e” and §3°, §4° and §5°, introduced by law 13.964/2019 (Pack Anti-crime). Furthermore, seeks to evidence if there is the collision of a principiological character, through a constitutionalized view of the Criminal Procedure, in order to clarify the hypothesis of unconstitutionality of the thesis linked to the above-mentioned device. The research makes use of documentary analysis methodology, narrative reviews, and the motivations of the votes - to the present date - pronounced in the Extraordinary Appeal n° 1.235.340/SC, which, in turn, questions the primacy of the principle of the Sovereignty of Verdicts over the early execution of the sentence in the Jury, consequently, affects the object under analysis, that is, the article 492, item I, subheading “e” and §3°, §4° and §5°.