The principle of the presumption of innocence in the face of (im)possibility Early execution of the sentence after second conviction Instance

The scope of this work is to study the principle of presumption of innocence in the face of early execution of the sentence, providing a critical analysis of the impacts of this institute on the accused. It will seek to undertake early execution within the
scope of the criminal process, and its impacts based on the decisions brought by the Federal Supreme Court (STF). The principle of presumption of innocence is enshrined in article 5, item LVII of the Federal Constitution. This principle is a pillar of the Brazilian criminal legal system and represents a fundamental guarantee for individuals, ensuring that the guarantee only occurs after all possibilities of appeal have been exhausted and reports have been published as a last resort. However, it has been the subject of intense discussion, especially given the possibility of provisional execution of the sentence, which would allow the sanction to be applied before the final judgment becomes final. This debate gained greater relevance with STF decisions, which, over the years, oscillated between allowing and seeing provisional execution, based on specific interpretations of the scope of the presumption of innocence. It will be seen that provisional execution, by anticipating the effects of publication, brings to light the conflict between the individual guarantee of not being punished without a definitive
decision and the State's interest in promoting the effectiveness of justice. The methodology used to unfold the work was the hypothetical-deductive method, using laws, principles and Brazilian doctrine on the topic as means of research.