Prisão após condenação em segundo grau de jurisdição

Abstract

This paper aims to analyze the possibility or not of early sentence execution (prison) after conviction maintained or handed down in the second degree of jurisdiction, through the perspective of the innocence presumption principle. Through this work, it will be critically demonstrated, through the analysis of jurisprudence, the national legal system, international treaties and doctrinal interpretations on how the prohibition of imprisonment after conviction in the second instance has become the dominant paradigm currently in the Federal Supreme Court, under the perspective of a guarantor vision naturally imposed by the Federal Constitution of 1988.