O direito subjetivo de recorrer em liberdade de sentença penal condenatória em regime inicial distinto do fechado a partir de uma leitura constitucional

Abstract

This present scientific work aims, based on a constitutional point of view, to analyze the applicability of preventive detention after the criminal veredict of guilty, when fixed an initial regime of penalty different from the closed one. The controversy of the subject is instaured mainly around the constitutional principles, with the purpose of analyzing the possibility of the judge recognize the initial regime as open or semi-open to begin the execution of the sentence and at the same time deny the defendant the right to appeal in freedom with or without other cautionary measures different from the prison, ensuring the stay of the requirements which justified the processual prision. Tthis work enphasises the complexity of this subject, which is, unfortunately and frequently treated in a political way, and the need of finding ways to guarantee the human dignity, the reduce of the inequality and the effectiveness of the individual rights, especially in the view of the decisions of the superior tribunals.