Banca de DEFESA: PAULO CARVALHO RIBEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : PAULO CARVALHO RIBEIRO
DATA : 03/06/2016
HORA: 18:00
LOCAL: PPGD-UFRN
TÍTULO:

Innocence presumption principle and its constitutional conformity.

PALAVRAS-CHAVES:

 Fundamental rights; Principles of criminal proceedings; Innocence presumption.

PÁGINAS: 140
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This academic research work proposes to analyze, based on the law, doctrine and jurisprudence, the legal content of the constitutional innocence presumption principle, which is the fundamental right of every citizen not to be considered guilty until the final judgment at the end of due process. It is proposed, moreover, a reflection on (a) the scope of the innocence presumption principle combined with (b) search for a necessary balance between this principle and the effectiveness of the criminal judicial function, which must meet the values that are important not only to accused but also to society, given the reality of our intricate and complex criminal justice system. Therefore, it is approached in the beginning, the historical evolution of the innocence presumption, in comparison with the jus philosophic ideals present at the time of the Enlightenment and the several Italian criminal schools, then analyzing it in the light of foreign Law. Subsequently, it examines the extent of its applicability in both the Brazilian law and the constitution of other countries, with an emphasis on countries with a democratic long history and respect for the fundamental rights of its citizens, and the whole discussion around its proper terminology. After, the research axis is moved to Brazil, analyzing the work of the constitutional legislator on the subject, as well as the legal nature of constitutional rule. In sequence, it is confronted the suspensive effect on Special and Extraordinary appeals with the possibility of the sentence provisional execution. It is analyzed, finally, the legal content of the innocence presumption, particularly in relation to the rules derived from it (evidential and of treatment), and the practical issues discussed in doctrinal and jurisprudential framework on the constitutionality of certain predictions determined by infra constitutional legislation.

MEMBROS DA BANCA:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - MARCUS VINICIUS FERNANDES ANDRADE DA SILVA - UNI-RN
Interno - 1675264 - RICARDO TINOCO DE GOES