The provisional implementation of the penalty

principle of nonculpability and overruling

Abstract

The purpose of this article is to analyze the law reflecting the social anxieties of each era. Currently, we are experiencing profound changes in the Democratic Rule of Law, in such a way that the legislation has undergone major changes, either due to the legislative alteration of our representatives, or due to the influence of the Courts' judgments, or, still, by innovative positions in doctrines and inflows of international regulations. For the accomplishment of the research and elaboration of the present article, the deductive approach method was used, applying the technique of bibliographic and documentary research, from doctrinal review, search in scientific articles and interviews, as well as, the analysis about the Brazilian legislation . The main objective is to investigate the sub-analysis of the principle of non-culpability or presumption of innocence. Consider whether provisional execution of the sentence is still possible in Brazil. To this end, the history of the provisional execution of the sentence in Brazil and successive changes in interpretation will be analyzed, studying the legislative amendment of the Penal Code or constitutional action of constitutional amendment, new overruling, as a result of a legislative relationship. Therefore, after twenty years of a settled position, the topic returned to discussion, and on the date of November 7, 2019, in a true turn of jurisprudence the understanding changed, determining that the prison for the execution of the sentence, can only happen after the transit judgment of the condemnatory criminal sentence, an understanding that prevails at the moment. In the National Congress, amendments to the Federal Constitution and the Criminal Procedure Code are being processed.