THE PRESUMPTION OF INNOCENCE , THE CONSTITUTION AND THE STF : COMMENTS TO HC 126,292 / SP
It is in this article to examine accurately the content of the judgment of the Supreme Court in the Habeas Corpus n . 126292 which addresses the application of imprisonment of compliance from the decision rendered on appeal. The judgment content comes in direct confrontation with the Federal Constit...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2016 |
| Country: | Brasil |
| Institution: | Conselho Nacional de Pesquisa e Pós-Graduação em Direito (CONPEDI) |
| Repository: | Revista de Direito Brasileira (Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.indexlaw.org:article/3066 |
| Online Access: | https://www.indexlaw.org/index.php/rdb/article/view/3066 |
| Access Level: | Open access |
| Keyword: | The presumption of innocence principle; judicial review; judicial activism. Princípio da presunção de inocência; controle de constitucionalidade; ativismo judicial. |
| Summary: | It is in this article to examine accurately the content of the judgment of the Supreme Court in the Habeas Corpus n . 126292 which addresses the application of imprisonment of compliance from the decision rendered on appeal. The judgment content comes in direct confrontation with the Federal Constitution of the content 1988 is expressed to establish in your art. 5 which deals with fundamental rights, no one is guilty until the final and unappealable decision of the decision , ie the decision which does not fit more appeal. Imperious is done reviewing the implications of the decision and given the constitutional command, and its consequences on the Brazilian legal system. |
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