Execução provisória da sentença do júri

a aplicação imediata do artigo 492 do Código de Processo Penal

Abstract

The present work deals with the discussion about the Jury Court, in particular Article 492 of the CPP, which was modified by Law 13964/2019, called the Anti-Crime Package, which changed the procedure of the Jury Court, especially with regard to immediate execution of the sentence. To this end, an analysis is made of the development of the institute, highlighting its insertion in Brazilian constitutional texts, seeking to emphasize the purpose of its mechanism as an instrument of popular participation in the criminal procedural sphere. The study reveals as its main point the analysis of the constitutionality of the provisional execution of the conviction sentence handed down by the Jury Court, the controversies surrounding the issue, and how the Supreme Federal Court positioned itself on the issue, in a final judgment in Theme 1068. Starting from a bibliographical research, the study was developed with the use of theoretical references, using doctrines and judgments that promoted the real application of the popular jury in Brazil.