A execução automática da pena decorrente de condenação no tribunal do júri: uma perspectiva do tribunal de justiça de goiás face à alteração legislativa pelo pacote anticrime

Abstract

This scientific article analyzes the issue of automatic imprisonment following conviction by the Jury Court, as established by Law No. 13.964/2019 (anti-crime package). The study aims to understand the impact of this unconstitutional provision in the jurisprudential field, considering the previous and current understandings of the Federal Supreme Court (STF) regarding the anticipation of sentence enforcement. Additionally, it investigates how the Court of Justice of Goiás has dealt with this matter and whether the decisions of the Higher Courts influence the decisions of the Jury Court's Sentencing Council. Through a critical and interpretative analysis of the main published works and processes, the verdicts of the Goiás Jury Court were examined to verify the applicability of provisional sentence enforcement at the first instance, as provided for in Law No. 13.964/2019, when precautionary measures are not present and the sentence exceeds 15 years. The results of this research demonstrate the existence of possible divergences among judicial bodies, which result in the deprivation of liberty of individuals presumed innocent. The essay is divided into sections that address the concept of the jury, the context of precautionary measures, the early enforcement of the sentence, the milestone of enforcement, the discussion and data analysis, and, finally, the conclusion. It is important to emphasize that this work does not intend to present an absolute truth, but rather to provide a contribution to the understanding of the unconstitutionality of the provision.