Análise sobre a possível ameaça ao princípio constitucional da presunção de inocência em face da decisão proferida pelo Supremo Tribunal Federal nos autos do Habeas Corpus nº 126.292 - SP

Abstract

This final project aims to analyze, in the light of the principle of presumption of innocence, the recent decision by the Federal Supreme Court - STF in the records of Habeas Corpus nº 126 292 - São Paulo, held on 17/02/2016, who admitted as possible compliance with the deprivation of liberty before the final judgment of condemnatory sentence. Therefore, initially we approached the subject of the principle of presumption of innocence in its historical context, so as to understand its formulation and dissemination worldwide. Then, we show how this important principle is present in Brazilian law to the next topic, specifically analyzing the denial decision Habeas Corpus object of this study, indicating its reasons and arguments for and against the new interpretation of the constitutional text. The survey was conducted from the literature review analysis, legislation, research on internet.