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This article briefly presents the juridical evolution of the principle of presumption of innocence and the possibility of provisional execution of the sentence in Brazil. The basis of the study is carried out through the exposition of the development of the principle in the national order, as well as in the legal recourse species. From a bibliographical research, besides analysis of the legislation and jurisprudence, it will be analyzed if the recent ones have observed theories that deal with the constitutional interpretation, as well as the influence of this so that they have or have not been able to establish themselves as precedents in the Brazilian law System.

revista de direito brasileira

INTERPRETAÇÃO CONSTITUCIONAL E A FORÇA DAS DECISÕES JUDICIAIS: ANÁLISE DA EXECUÇÃO PROVISÓRIA DA PENA EM TEMPOS DE PROTAGONISMO DO JUDICIÁRIO NA POLÍTICA