Provisional execution of the sentence

Authors

  • José Barcelos de Souza

Keywords:

Provisional execution of the sentence, Presumption of non-culpability, Habeas corpus, Appealable conviction sentence, Appeals without suspensive effect

Abstract

The article examines the provisional execution of the sentence in light of the constitutional presumption of non-culpability. The exposition starts from the judgment rendered by the Supreme Federal Court in HC 80.535-3-SC, in which provisional criminal execution of a conviction sentence subject to appeals devoid of suspensive effect was admitted. The investigation demonstrates that the relator, although he had affirmed a firm conviction regarding the unconstitutionality of the measure, denied the order, following the dominant jurisprudence. The conclusion maintains that the decision contains a juridical absurdity, since the criminal procedural legislation only admits the execution of the sentence after the conviction becomes final, any modality of provisional criminal execution being incompatible with the presumption of innocence.

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References

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Published

2001-09-01

How to Cite

SOUZA, José Barcelos de. Provisional execution of the sentence. Brazilian Journal of Criminal Science, São Paulo, v. 35, n. 35, p. 297–307, 2001. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/4059. Acesso em: 20 oct. 2026.

Issue

Section

Comentário de Jurisprudência
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