A execução provisória da pena no tribunal popular do júri do estado do Piauí e a sua (in)conformidade com o comportamento jurisprudencial das cortes superiores

Abstract

With the enactment of Law n°. 13.964/2019, article 492, item I, item “e” of the Code Of Criminal Procedure arrived in the Brazilian legal system. This device is opposed to the wording of Art. 283 of the same repository, which was recently declared constitutional through the judgments od ADC’s n. 43, 44 and 54. This paradox creates serious legal uncertainly, allowing the emergence of antagonistic decisions. In the present work, in addition to the historical contextualization that allowed the emergence of the article, it was initially carried out 492, I, “e” of the CPP, its analysis was carried out under a constitutional prism, verifying its incompatibility with the Constitutional Charter of 1988. In order to verify how the application of the aforementioned provision was in practice, it was jurisprudence research is carried out in the State of Piauí, in the STJ and in the STF, having been verified, in a majority character, in the first two, that the referred legal disposition has not been applied by the Judiciary Power in Organs analyzed organs, since the Judges understand that it affronts the which was recently decided by the STF in ADC’s n°. 43, 44 and 54. Within the scope of the Supreme Court, however, the issue is more tormenting, considering that the judgment of RE n°. 1.235.340 has indicated the possibility of a “jurisprudential shift”, with the recognition of the constitutionality of the aforementioned device. In this way, the present work focused both on a theoretical analysis of the matter, with the confrontation of the constitutional prism of the article under debate, and also proposed to carry out a jurisprudential research on the subject, cataloging and documenting the main praetorian positions of the application of said legal provision.