THE (IN)CONSTITUTIONALITY OF IMMEDIATE EXECUTION OF THE PENALTY IN THE COURT OF THE JURY

Abstract

The present work seeks describe the controversies involving the (im)possibility of execution of the penalty before the final decision is judged, specifically when the verdict is from the Sentencing Council in the Jury's Court, revisiting the principles of the popular trial and its constitutional basis, making a brief historical effort. It describes the jurisprudence of the Supreme Court in recent years, especially the judgments delivered by the plenary in habeas corpus and extraordinary appeal, as well as in concentrated control of constitutionality, analyzing the grounds of Extraordinary Appeal 1235340/SC, with general repercussion recognized, which faces, specifically, the possibility of immediate execution of the sentence on the Jury. It describes the changes promoted by law 13.964/19, which included item "e" to item I of article 492 of the CPP and its repercussion, knowing and describing the divergences on the subject, in particular the approach to promoting human rights. The descriptive and comparative methods of decisions and doctrine proved to be more appropriate for the analysis of the proposed study. The result of the work demonstrates the doctrinal controversy and fluidity of the decisions rendered by the Supreme Court, and there is, for the moment, no sure precedent on the (in)constitutionality of the provisional execution in the Jury's court.