Análise da (in) constitucionalidade da execução da pena após sentença penal condenatória confirmada em segunda instância à luz do princípio da presunção de inocência

Abstract

This monograph seeks to analyse the constitutionality of the provisional execution of the sentence in the Brazilian legal system, wich is a very important issue for Law and for the whole society, because it affects one of the main guarantees of the human being, which is the right to come and go. A study will be made on the types of prison, as well as the analysis of judgments made by the Federal Supreme Court that had great repercussions in the social context. This will show the unconstitutionality of the prison demonstrated after confirmation on appeal of the conviction. Being, therefore, something that is not in accordance with what the Federal Constitution establishes.