The Jury Court is a guarantee and constitutional right to the defendant, however in 2019 the
law 13.964/2019, the famous Anticrime Package, proposed a possibility of provisional
execution of the sentence for convictions arising from the popular court as long as it is 15
years or more. Bringing up again the debate about the constitutionality of the provisional
execution of the sentence. Therefore, this work aims to analyze the institute of the Jury Court,
and demonstrate several procedural criticisms made by the doctrine, as well as to present
fundamental concepts to the Democratic Rule of Law, in order to make possible the debate on
a provisional execution of the penalty and verify whether this legislative permission is
consistent with the Constitutional order of the Democratic Rule of Law. Based on the method
bibliographic survey research and jurisprudential research, it was possible to perceive that the
provision of provisional execution, along the lines of article 432, I, e , included in the Criminal
Procedure Code in 2019 by the Anticrime Package, conflicts with many of the constitutional
and infra-legal rules and principles of the current order.
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