Presunção de inocência como exigência constitucional e convencional de tratamento : efeitos endoprocessuais e extraprocessuais

Abstract

In this research, the central issue is the presumption of innocence, but delimiting around one of its aspects, the so-called rule or norm of treatment. As a problem, it was intended to discover what was the minimum content of the state of innocence which can be assimilated by the Brazilian Constitutional Text and the American Convention on Human Rights and what are the practical effects of its incidence in the endoprocessual and extraprocessual scope. Relevant points selected according to a concrete relationship with the object of the research were approached, starting with preventive arrests to arrests in condemnatory parallel judgments and possible measures to contain this phenomenon of media judgments. There were hypotheses of work: the effective potential to conform the presumption of innocence in a symbiosis between constitutional and conventional positivization, giving amplitude to what presents itself as a fundamental human right; the concrete existence of significant dissonances between an essential constitutional / conventional reading and the legal framework in which this warranty law is mainly inserted in the doctrinal sphere and in the investigation practices and national processes. The project was essentially developed with doctrinal research and specific contributions from International Courts (I/A Court H.R., ECHR), using national jurisprudential decisions in some cases as a representative form of the majority understanding and judicial behavior on certain examination points. It was adopted a posture that sought to think of the processual and extraprocessual effects in a concrete projection, always dealing with issues that are currently controversial. The work is part of the Criminal System and Violence concentration area, under the Graduate Program in Criminal Sciences at Pontifícia Universidade Católica do Rio Grande do Sul, line of research Contemporary Juridic System and is linked to the research project by Nereu José Giacomolli, Contemporary Criminal Process: Foundations, Perspectives and Current Problems. The research findings seem to contribute to fostering a set of guidelines capable of giving amplitude to the presumption of innocence as a constitutional and conventional treatment requirement, serving not only as a theoretical tool for diagnosing violations of the studied warranty law but also for a potential orientation to behaviors adhering to its normative basis.