JUDICIAL ACTIVISM AND PRESUMPTION OF INNOCENCE PRINCIPLE TO ADOLESCENT OFENDERS – ANALYSIS OF THE SUPREME COURT DECISION ON WRIT OF HABEAS CORPUS 122.072/2014

Abstract

This works aims to examine if the Supreme Court made use of judicial activism when decided on the writ of Habeas Corpus no. 122.072/2014 the suspension of an adolescent offender internment acused to commite a criminal offense equivalent to the art. 157, § 2o, I e II and art. 129 (aggraveted robbery) of the Brazilian Criminal Code. The decision was mainly based on the Presumption of Innocence Principle. Analyzing the characteristics of this decision, this study concludes that the Supreme Court (STF) exceeded the limits of its typical jurisdiction in determining the application of a constitucional principle applied to the Procedural Criminal Law while the Child and Adolescent Statute (Law no. 8.069/90) determines the aplication of Civil Procedural Appeal System that excludes the Presumption of Innocence Principle. The Supreme Court also made use of judicial activism when admited this discussion on a writ of Habeas Corpus while the appropiate legal remedy is the ordinary criminal appeal.