O julgamento do Recurso Extraordinário (RE) 1.235.340/SC sobre execução da pena no Tribunal do Júri : uma análise sobre fundamentos da decisão

Abstract

This paper is dedicated to the analysis of Extraordinary Appeal (RE) No. 1,235,340/SC, in which the Supreme Federal Court established the thesis of Theme No. 1,068 of general repercussion, recognizing the possibility of immediate execution of the sentence imposed by the Jury Court, regardless of the final judgment of the conviction. The research begins with an investigation of the constitutional tension between the principle of the sovereignty of verdicts and the principle of the presumption of innocence, examining how the Constitutional Court resolved this apparent conflict of fundamental norms. To this end, a theoretical approach is initially developed regarding the structure and constitutional function of the Jury Court, as well as the historical and dogmatic bases of the presumption of innocence as a guarantee of treatment in criminal proceedings. Next, the normative and jurisprudential framework that preceded the precedent is reconstructed, highlighting the judgments in HC 84.078/MG, HC 126.292/SP, and ADCs No. 43, 44, and 54, in addition to the changes introduced by Law No. 13.964/2019 in the Code of Criminal Procedure. Regarding methodology, a qualitative method is adopted, with an analytical-deductive approach, in order to examine the judgment rendered and verify its principled compatibility, comparing its foundations with the previously consolidated understanding. The aim is to contribute to the elucidation of the possibility of immediate execution of the sentence, especially considering the existing tension between the effectiveness of jury trial decisions and the protection of individual guarantees.