A (IN)AFASTABILIDADE DA ORDEM CONSTITUCIONAL EM DETRIMENTO DO PRINCÍPIO IN DUBIO PRO SOCIETATE

ABSTRACT Due to a political context based on the redemocratization and preservation of human rights, the Federal Constitution of 1988 was promulgated, which sought above all to support the legal structure of the country on the fundamental rights and guarantees once threatened. In complete harmony, Brazil has become a signatory to international pacts and treaties on human rights, among which the Pact of San José of Costa Rica stands out, to which it joined in 1992. It happens that after various political and social contexts, whose focus has become the need for preservation of public rights and society, several legal provisions and interpretations of the judiciary have emerged based on the principle of in dubio pro societate, which still has wide acceptance in the Brazilian justice system, and is evident in the pronunciation decisions to the jury court, in possible misnovits with the in dubio pro reo, advocated by the Federal Constitution. In this way it is necessary to study the validity and applicability of the principle that benefits society in the national legal system, in view of the democratic perspectives and dignity of the human person. Keywords: Constitutional. Human rights. International Treaties.