A PRESUNÇÃO DE INOCÊNCIA E OS DESAFIOS DE SUA EFETIVIDADE À LUZ DO SISTEMA PÁTRIO.

Abstract

This study aims to analyze the presumption of innocence and the challenges to its effectiveness in the Brazilian criminal justice system. The research is based on the observation that, although the principle is expressly enshrined in the 1988 Federal Constitution as a fundamental guarantee, its practical application faces various structural, institutional, and cultural obstacles. The methodology adopted was the deductive method, with a qualitative approach and an exploratory-descriptive nature, through bibliographic and documentary research, utilizing legislation, legal doctrine, case law, and official data related to the criminal justice system. The results demonstrate that factors such as procedural delays, the excessive use of pretrial detention, prison overcrowding, and the influence of the media and public opinion contribute to the erosion of the principle of the presumption of innocence. It is concluded that the effectiveness of this principle depends on the strengthening of institutions, the committed work of legal practitioners, and the adoption of legislative and cultural measures that ensure respect for fundamental rights and due process of law