Flexibility of legality in the Supreme Court’s case-law: enforcing criminal sentences pending judgement before high courts

Abstract

The instrumentalism and flexibility of the legal norms that prevail today in our legal culture, especially in its jurisprudential component, create inequality and insecurity. The case of the enforcement of a criminal sentence pending judgement before high courts depicts the methods for this sake and proves that its outcome is the denial of equality and security. This essay deals with the arguments developed on the adjudication of HC 126.292 by the Brazilian Supreme Court in order to corroborate its findings.

Keywords

• Execução penal
• presunção de inocência
• legalidade.