A (im) possibilidade do cumprimento da pena privativa de liberdade após decisão de segundo grau.

Abstract

The present work of conclusion of course seeks to question the (im) possibility of the fulfillment of the custodial sentence after a second degree decision. This issue is extremely recent because it stems from the change of understanding of the Federal Supreme Court occurred in 2016. Most scholars and Ministers understood that changing the position of the Supreme Court did not violate the principle of presumption of innocence. As a way of approaching the topic under discussion, the historical evolution of the sentence, as well as the penal procedural principles will be approached and, finally, will be analyzed two judged that were responsible for the changes of position of the Federal Supreme Court and recent positions of scholars on the theme.