Decision of Habeas Corpus n. 126.292: Relativization of the Principle of Presumption of Innocence and the Constitutional Jurisdiction in Perspective

Abstract

The article aims to analyze the breach of the presumption of innocence with the anticipation of the sentence before the final judgment of conviction, in a recent decision of the Supreme Court. Adopted documentary analytical methodology. Assumes that fundamental rights are not absolute and must be relativized. Deals with the constitutional jurisdiction in this perspective and the limits of the judicial role in the exercise of interpretation of the law. One of the conclusions is that the relativization of fundamental rights in Brazil follows tendency to give in proceedings other than the Constitutional Court.

Keywords

• Inocência
• Relativização
• Legitimidade
• Constituição