The principle of presumption of innocence: technical-legal presumption or political presumption
The present work aims at the critical analysis of the presumption of innocence or non-culpability and the exploration and study of situations that mitigate the effectiveness of the protection of the accused, namely: the application of the supposed principle of in dubio pro societate; absolution base...
| Authors: | , |
|---|---|
| Format: | article |
| Status: | Published version |
| Publication Date: | 2023 |
| Country: | Brasil |
| Institution: | Instituto Carlos Alexandre Moraes (ICAM) |
| Repository: | Revista de Constitucionalização do Direito Brasileiro (Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs2.revistareconto.com.br:article/46 |
| Online Access: | http://revistareconto.com.br/index.php/reconto/article/view/46 |
| Access Level: | Open access |
| Keyword: | Princípio da presunção de inocência Garantia constitucional Regra de tratamento Execução provisória da pena The Principle of Presumption of Innocence Constitutional Guarantee Treatment rule Provisional Execution of the Sentence |
| Summary: | The present work aims at the critical analysis of the presumption of innocence or non-culpability and the exploration and study of situations that mitigate the effectiveness of the protection of the accused, namely: the application of the supposed principle of in dubio pro societate; absolution based on the absence of evidence for conviction; legislative inertia; the enactment of preventive detention with focus on the protection of public order, regime regression for practice defined as felonious crime; excessive media exposure and provisional execution of the sentence. For that, the various forms of presumption of innocence, as the rule of probation, trial and treatment, and the importance of each of them for the execution of a democratic and humanist criminal process were also demonstrated. Furthermore the presumption of innocence was characterized as a fundamental guarantee and the situations that violate the principle were faced individually and were followed by a critical analysis of the incompatibility of the provisional execution of the sentence with the presumption of innocence. |
|---|