Modificações na composição do Supremo Tribunal Federal como fator de viragens jurisprudenciais:o caso da execução Provisória de Decisão Condenatória de 2º Grau e o princípio da Presunção de Inocência

Abstract

In contemporary times, new social, economic and political dynamics require that Brazilian institutions rethink and re-evaluate the means and the instruments of confrontation of the problems visualized in the criminal justice system. Among the issues that are difficult to solve, there is the theme proposed in this study related to the jurisprudence evolution of the Federal Supreme Court (Supremo Tribunal Federal – STF) regarding the legal feasibility of the provisional execution after condemnation in the second degree of jurisdiction, even pending appeal to Superior courts, against the constitutional principle of presumption of innocence. In recent times, tensions have arisen as a result of the interpretative changes on this matter that has taken place at the Court. In this intriguing context, this study aims to investigate the interaction between the compositions of the STF, based on the analysis of the individualized positions of its members, and the jurisprudential turn regarding the subject under examination.