A execução imediata da pena no âmbito do tribunal do júri, à luz do princípio da soberania dos veredictos

Abstract

The current work's purpose is arguing which would be the appropriated timing of the criminal sentence's enforcement, within the jury court's capacity, focusing on the sovereignty of verdicts' principle, a precept based on the Constitution of the Federative Republic of Brazil (article 5, XXXVIII, letter c), and prevents the meritorious disintegration of the jurors' decision by active judges. The study in question was built by applying the hypothetical deductive method, and it is divided into three different chapters: the first discusses the normative force of the Constitution, as well as the guiding principles of the discussion on hand, while analyzing the multiple aspects of the jury court as a multifaceted institution; in the second chapter, based on the prevention of deficient protection's principle, it will explore the nuances of the positive criminal procedural obligations of the State, as well as whether the activities performed by the Brazilian State are sufficient to effectively defend fundamental rights, especially those of victims and their relatives; the last chapter, bringing together all the information heretofore gathered, discusses the peculiarities regulating the enforcement of the sentence within the scope of the Jury, so that the materialization of the jurors' decision takes place. Finally, it´s concluded that, in total harmony with the constitutional principles and the premises of the democratic rule of law, after a conviction is promulgated by the Jury, the convicted ought to immediately start complying with his sentence, without configuring, therefore, a break to the presumption of innocence´s principle.