(In)constitucionalidade da execução imediata da pena após sentença penal condenatória proferida pelo tribunal do júri

Abstract

With the legislative amendment to Article 492, I, "e" of the Brazilian Code of Criminal Procedure, introduced by Law 13.964/2019, which allowed for the immediate execution of sentences imposed by the Jury Court, existing debates on the subject have intensified, particularly in doctrinal and jurisprudential contexts, regarding the potential violation of the presumption of innocence. A detailed analysis of the history of the Jury Court was conducted, with emphasis on its procedural structure and the constitutional principles it upholds. To examine the issue of provisional execution of sentences, various conflicting positions in legal doctrine and case law were reviewed, especially decisions from the Supreme Federal Court. An analysis of the key amendments introduced by Law 13.964/2019 was performed, the Extraordinary Appeal 1.235.340/SC, which assessed the possibility of immediate execution of sentences after a conviction by the Jury Court, was examined, analyzing the votes of the 11 STF Justices, who ultimately upheld the constitutionality of this measure even before the final conviction (transit in rem judicatam). The conclusion affirms the constitutionality of the immediate execution of sentences arising from convictions by the Jury Court, as supported by the principle of the sovereignty of verdicts and the Federal Constitution