A prisão decorrente da condenação pelo tribunal do júri como fomento ao princípio da soberania dos veredictos: uma análise a partir da vertente Übermassverbot.

Abstract

The article has as main objective to analyze the constitutionality of the provisional execution of the sentence after the sentence handed down by the Jury Court in view of the constitutional principles that permeate the institute. The specific objectives are to understand the formation of the Jury Tribunal in the Brazilian legal system in view of the principles that apply to it, to analyze the jurisprudential understanding in view of the applicability of the provisional execution of the sentence. To achieve the proposed objectives, it adopted the basic research methodology and descriptive purpose, with a qualitative approach, under the hypothetical-deductive method. As a tool for data collection, bibliographic and jurisprudential analysis was used. As a theoretical reference was used the precepts of Junior Lopes (2020), Nucci (2016 and 2008), Kurkowski (2019 and 2020) and Sarlet (2004).