This work is based on a historical and epistemological analysis of the presumption of innocence a... more This work is based on a historical and epistemological analysis of the presumption of innocence around the world, punctuating, categorically, what are the foundations for its reception – as it is - by the Brazilian Federal Constitution of 1988. In parallel, here there is a concise approach to the main arguments brought by those who defend, in Brazilian territory, the presumption of innocence as an absolute measure – which is the understanding that anyone who does not have a final conviction decision will be presumed innocent – and the presumption of innocence as a relative measure – which is the understanding that defendant's presumption of innocence exhausts at a second-degree conviction by court. Having, so, a glimpse of both perspectives, here it is established which argument would be most compatible with Brazilian jurisdiction – while augmenting whether the provisions of the Brazilian constitutional Article 5th can be considered as an immutable clause, protected from suppression by Constitution’s Article 60, paragraph 4, item IV –, pointing, in the end, two possibilities of bills as a way to solve the interpretative and procedural problem interpretative concerning the question of presumption of innocence inscribed in Article 5, item LVII, of Brazilian Federal Constitution (if there is any).
Keywords: Criminal law; Criminal Procedural Law; Presumption of Innocence; Transit in rem Judicatam; Fundamental Rights
This work is based on a historical and epistemological analysis of the presumption of innocence a... more This work is based on a historical and epistemological analysis of the presumption of innocence around the world, punctuating, categorically, what are the foundations for its reception – as it is - by the Brazilian Federal Constitution of 1988. In parallel, here there is a concise approach to the main arguments brought by those who defend, in Brazilian territory, the presumption of innocence as an absolute measure – which is the understanding that anyone who does not have a final conviction decision will be presumed innocent – and the presumption of innocence as a relative measure – which is the understanding that defendant's presumption of innocence exhausts at a second-degree conviction by court. Having, so, a glimpse of both perspectives, here it is established which argument would be most compatible with Brazilian jurisdiction – while augmenting whether the provisions of the Brazilian constitutional Article 5th can be considered as an immutable clause, protected from suppression by Constitution’s Article 60, paragraph 4, item IV –, pointing, in the end, two possibilities of bills as a way to solve the interpretative and procedural problem interpretative concerning the question of presumption of innocence inscribed in Article 5, item LVII, of Brazilian Federal Constitution (if there is any).
Keywords: Criminal law; Criminal Procedural Law; Presumption of Innocence; Transit in rem Judicatam; Fundamental Rights
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innocence inscribed in Article 5, item LVII, of Brazilian Federal Constitution (if there is any).
Keywords: Criminal law; Criminal Procedural Law; Presumption of Innocence; Transit in rem Judicatam; Fundamental Rights
innocence inscribed in Article 5, item LVII, of Brazilian Federal Constitution (if there is any).
Keywords: Criminal law; Criminal Procedural Law; Presumption of Innocence; Transit in rem Judicatam; Fundamental Rights