Tribunal do júri: a inovação da tese defensiva na tréplica.

Abstract

This work intends to analyse, in the "Jury Tribunal Institute", if there is a possibility of innovation of treplica defensive thesis. So, this research problematical expose itself in the point of the defense can or cannot innovate its thesis during the treplica. The main goal consists in showing the several doctrine altitudes concerning of theme that is being analyzing, and of jurisprudence comprehensions stabilized by Brazilian tribunals, and studying it based on Brazilian constitutional legal tidily. Therefore, the work's justify is related in conflict between two constitutional principles: contradictory and defense prime, that are the main arguments that ones lie themselves against or favour of innovating in treplica. Thus, It used the deductive method and a technique search in doctrines and jurisprudence. In reference to Brazilian doutrine, we can observe a large variety of opinions, while another part lies itself of favourable form to the thesis innovation, somebody, denies the possibility of this innovation. On one's time, it's possible to observe in STJ recent Jurisprudence a stabilized understanding as a form of recognizing the possibility of defense innovating in treplica. However, some aspects have to be considered when there's a paradox between two constitutional principles, the theme that will be treaty in this work based on constitutional interpretation, establishing such rational and goal patterns. Besides, somebody proves that the theme in discussion deserves some observations, either by relevance of its content or by the preceding that will be able to server of guidance to thousands of judgments for whole national territory.