Abstract:
The present work consists of analyzing the conditions of the provisional execution of the sentence in second instance under the bias principle of the presumption of innocence. In this sense, the purpose of this decision is to know: which type of defendant will support the provisional execution of the sentence in second instance? In order to do so, we will analyze doctrinal positions, precedents, legislations and understandings on the subject, in the scope of Constitutional Law, Criminal, Criminal Procedure and Criminal Execution. Accordingly, it was concluded that its application will be for less socially favored defendants, corroborating the claim that in Brazil, "only prisoners" are those who are Afrodescendant, poor and favelado.
