The unconstitutionality of the provisional execution of the penalty for condemnation in the first

The unconstitutionality of the provisional execution of the penalty for condemnation in the

first instance executed by the jury court

Tiago Alves Teixeira1

Rita Carneiro2

ABSTRACT

This article aims to demonstrate the unconstitutionality of the rule contained in the second part of art. 492, I,

“e”, of Law No. 13.964/2019, in which the provisional execution of the sentence is signed after the conviction

in the Jury Court for sentences equal to or greater than 15 (fi fteen) years of imprisonment. The problem

revolves around the violation of fundamental rights and guarantees established in the Magna Carta and the

international treaties to which Brazil is a signatory, as well as the legal uncertainty promoted by the change in

the understanding on the subject by the Supreme Court. The research was developed in an exploratory mode,

with a bibliographic and jurisprudential survey. In the end, we seek to verify what measures can be adopted to

solve the problem of unconstitutionality in the norm in question.

Keywords: Provisional execution of sentence. Jury court. Unconstitutionality. Principle of the presumption of

innocence. Art. 492, I, “e”, of the Anti-Crime Package