Opinion: Brazil’s Unique “Presumption of Innocence” Part II

As Lava-Jato began to progress, concern grew that, with the burgeoning number of prosecutions, and the vast number of appeals permitted under Brazilian law, many of those charged would effectively escape any punishment by reason of the statute of limitations.

Opinion, by Michael Royster

RIO DE JANEIRO, BRAZIL – In Part I of this piece, the Curmudgeon explained the historical context of Article 5-LVII of the Constitution. In Part II, he asks the following question: “At what point in criminal proceedings does the presumption of innocence cease to protect convicted criminals from imprisonment while appealing their conviction?

The answer today is simply “No one knows.

In 1988, the presumption of innocence became a . . .

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