Mutação (in)constitucional: a possibilidade de sentença penal condenatória confirmada por tribunal de segundo grau de jurisdição consoante o habeas corpus n.º 126.292/SP

Abstract

About the Institute that modifies the constitutional standard of informally, the constitutional mutation. Objectively understand the constitutional mutation and perform an analysis of Habeas Corpus 126,292, in order to verify the possibility of early implementation of the penalty in front of the art. 5°, LVII, of the Federal Constitution of 1988. Uses as bibliographical methodology, judicial, legislative and doctrinal. Notes the acceptance of Constitutional Mutation through the constituent power Diffused. So too, demonstrates the affixing of the constitutionalists in relation to the current rally a majority of the Supreme Court in the application of the constitutional mutation in the article 5, LVII, of the Federal Constitution of 1988. The subject proposal is of the utmost importance, since it is of recent development in the law with the weighting of the principle of presumption of innocence by modifying the meaning of the text. The central result of the study shows that the constitutional mutation is a process that seeks to assign effectivity and adaptation of social requirements and standards that must be used in compliance with the constitutional limits. There is also the unconstitutionality of applying the constitutional mutation in the HC 126,292