Presumption of Innocence and the Sovereignty of the Jury: Constitutional Implications of the Enforcement of Brazilian Supreme Court’s Binding Precedent No. 1,068

Abstract

Recognizing the sovereignty of the Jury and the presumption of innocence as fundamental pillars of the Brazilian legal system, this study focuses on the constitutional implications of Binding Precedent No. 1,068 of General Repercussion, issued by the Brazilian Supreme Federal Court. This precedent authorizes the immediate execution of sentences handed down by the Jury Court, regardless of the length of the sentence imposed. Aligned with Sustainable Development Goal (SDG) 16 — Peace, Justice and Strong Institutions — the general objective of this study is to analyze the impact of this precedent on the effectiveness of human and fundamental rights guarantees. The specific objectives are: to highlight the principle of the presumption of innocence as a fundamental human right of Brazilian citizens; to describe the special procedures of the Jury Court based on the principle of the sovereignty of verdicts in the adjudication of intentional crimes against life; and to discuss the enforcement of Supreme Court Precedent No. 1,068 from the perspective of the presumption of innocence and the sovereignty of jury verdicts as safeguards for the effectiveness of fundamental rights. This qualitative study was conducted through bibliographic research, drawing on legislation, legal doctrine, case law, and judicial decisions relevant to the topic. The analysis reveals that although there is strong public demand for a more expedient justice system, the early execution of criminal sentences undermines the protection of fundamental rights — particularly the presumption of innocence — and calls for critical reflection on the broader consequences of the Supreme Court's decision in light of the constitutional framework of individual guarantees that underpin the Rule of Law.