Execução provisória da pena em segunda instância: posicionamentos divergentes da Suprema Corte

This study analyzes the jurisprudential evolution regarding the provisional execution of sentences following second-instance convictions within the Brazilian legal system. This highly controversial constitutional issue is examined in light of the presumption of innocence (Art. 5, LVII, CF/88) and the defendant's fundamental rights. The research describes the hermeneutic shifts of the Brazilian Supreme Court (STF) across four distinct periods: the admissibility of execution (1988–2009); the prohibition established in HC 84.078-7/MG (2009–2016); the return to the possibility of imprisonment after second-instance decisions (2016–2019); and the reaffirmation of the necessity of a final judgment (res judicata) in ADCs 43, 44, and 54. Finally, it examines the current legal landscape as consolidated by RE 1.235.340/SC (2024), which forbids early execution except for convictions obtained by Jury Trial. The methodology relies on a bibliographic and documentary review of the primary constitutional mutations and legislative changes that grounded these jurisprudential shifts.