Presumption of innocence in comparative legislation and Brazilian jurisprudence

This article studies the presumption of innocence in comparative legislation, in international treaties and in Brazilian law. It addresses the procedural effects of the rule inscribed in article 5, item LVII, of the Federal Constitution, under tripartite bias, which is the rule of treatment, evident...

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Bibliographic Details
Author: Moreira, Leandro Lara
Format: article
Status:Published version
Publication Date:2022
Country:Brasil
Institution:Faculdade Processus (DF)
Repository:Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
Language:Portuguese
OAI Identifier:oai:ojs2.periodicos.processus.com.br:article/1226
Online Access:https://periodicos.processus.com.br/index.php/egjf/article/view/1226
Access Level:Open access
Keyword:Criminal procedure
Presumption of innocence
Restriction to treatment rule
Processual Penal
Presunção de inocência
Restrição à regra de tratamento
Description
Summary:This article studies the presumption of innocence in comparative legislation, in international treaties and in Brazilian law. It addresses the procedural effects of the rule inscribed in article 5, item LVII, of the Federal Constitution, under tripartite bias, which is the rule of treatment, evidentiary rule and rule of law. It will be demonstrated that the relativization of the presumption of innocence is reasonable, proportional and constitutional, based on the legitimacy of constitutional jurisdiction, within the limits delineated by the legal and jurisprudential balances established in international laws and treaties. It will be demonstrated that mitigation of the right to liberty does not offend the essential core of the presumption of innocence.