| Abstrakt: |
The root of the presumption of innocence is identified by the doctrine and the case law in the religious spectrum, in the Torah. At the same time, particular expressions of the presumption can also be found in the Ancient Greece or in the Roman law. In the Middle Ages, the presumption was a concern only for the canonists, so that, later on, under the influence of the Enlightenment trend, philosophers were the ones who paid attention to the subject. In the end, the presumption ends up being regulated in the Declaration of the Rights of Man and of the Citizen, as well as jurisprudentially recognized, with recurrence, in common law. As such, the historical course of the presumption is a winding one, being marked by lights and shadows, in tune with the evolution, respectively the involution of civilizations. [ABSTRACT FROM AUTHOR] |
