Conflicts and tensions in brazilian criminal procedure: appeal effects and innocence presumption

Abstract

This paper will examine the need that a condemned defendant on appeal retires to prison while there is a pending process of special or extraordinary recourses. From the point of view of the procedure, the subject treated here involves the concept and the procedural peculiarities of processing resources directed to overlap courts. From the standpoint of substance law, the issue also involves the constitutional guarantee of presumption of innocence. Finally, through one institutional prism, this paper discusses the conflict of jurisdictional powers from Brazilian superior Courts. The work encompass both aspects, critically questioning positions held to the Brazilian jurisprudence and concluding in the way that prison before the transit in judged of sentence must have a precautionary nature.