A aplicação do princípio nulla executio sine titulo no Direito Processual Penal: culpa, prisão e o Supremo Tribunal Federal à luz dos princípios constitucionais

Abstract

In different perspectives, the presumption of non-guilt has been under debate since the promulgation of the Brazilian Federal Constitution of 1988. In its most relevant aspect, the relativization of this principle in the light of the issue of early executions of the penalty, which remains far from being pacified by the decision of the Federal Supreme Court, in face of the Declaratory Actions of Constitutionality nº 43, 44 and 54, has always been the stage of the most distinct legal debates and jurisprudential positions. Thus, through dogmatic and hermeneutic analysis, the conformation of the aforementioned principle in the Brazilian legal system and the nuances of its applicability in criminal proceedings is verified, as well as the characterization of guilt, as set out in art. 5, item LVII, of the Federal Constitution, as the only judicial executive title capable of authorizing the execution of the penalty. Thus, from the study of procedural institutes, the work concluded that the nulla executio sine titulo principle was applicable to criminal actions, although is typical of civil procedural doctrine. Also from the study of provisional arrests as a mechanism for compatibilization between the presumption of non-guilt and the guarantee of order in public safety, the research culminates in notes on the most recent jurisprudential conclusion on the early execution of the sentence, in ADCs n. 43, 44 and 54, through which the instability surrounding the subject is established, as well as the fundamental and immutable nature of the guarantee established by the aforementioned principle.