THE CONSTITUTIONAL JUSTIFICATION OF THE PROVISIONAL EXECUTION OF THE SENTENCE OF IMPRISONMENT PENDING EXTRAORDINARY AND SPECIAL RECOURSES RECEIVED WITHOUT SUSPENSIVE EFFECT

Abstract

The present article demonstrates that the provisional execution of the sentence of imprisonment pending extraordinary and/or special recourse received without suspensive effect is justified in the Constitution, whose systematic interpretation should strive for its unity. Provisional execution, that respects the fundamental rights related to the defendant status libertatis and those allusive to judicial proceeding, resultes from the harmonization achieved by proportionality, seen as prohibiton of insuficiency, between the defendant's presumption of innocence, whose guilt no longer holds discussion, and the public security, which must be pursued by the state, including the Judiciary. The literature review and analysis of the jurisprudence of the Supreme Court reveals that the provisional execution of the sentence is fully compatible with the Constitution, especially with the principle of presumption of innocence.