STUDY OF THE PRESUMPTION OF INNOCENCE - CONVICTION IN SECOND INSTANCE AND MEDIA INFLUENCE

Abstract

The present article aims to discuss the fulfillment of the sentence from the conviction in second instance, the concept of presumption of innocence, even if it still has appeal, to analyze existing cases and the possible consequences of this execution and to understand the understanding of the Supreme Court, the minister of justice and the current president of the republic, on the subject, as well as the media and public opinion can influence in cases of great commotion. The subject began to be debated in 2009 by the Federal Supreme Court, which already understood that the presumption of innocence would not prevent the execution of the sentence determined in the second instance. Much is debated on the subject, there are opponents who question its constitutionality, regarding the principles discussed in the Magna Carta, in its fifth article. But currently, the majority of ministers are in favor, especially justice and the current Head of Government. The work was carried out through bibliographic research through books, articles, laws, websites. After this study, it was possible to conclude the understanding that from the conviction in second instance, the defendant's presumption of innocence and guilt is exhausted, for not discussing facts and evidence, and also, that there is no majority doctrine about this new type of conviction and demonstrates how the media influences cases.