A atuação do tribunal do júri frente ao ordenamento vigente: uma perspectiva de reflexão.

Abstract

The Penal Court is, undoubtfully, an important institution of brazilian's judiciary. However, it isn't perfect and presents fails, like another one. Soon, it raises curiosity, from its critics to even its sympathizers. So, by the fact of reigning violence, is up to the court under analysis to give society an answer, at least in the subjects of its minimal attributions inside the sub constitutional frame. Ending, the present work has as general objective presenting a general historic overview of the popular jury, from its birth in Europe to it arrival at Brazil. About the specifics objectives, we search to draw perspectives about the strengthening of this institute, specially before the sovereignty of the veredicts and decisions made by the well-know Conselho de Sentenca. Even sovereign, it can't be said that today's popular jury is a democracy providing instrument in it's actions towards society, specially when related to its composition. The following of reading and search method, by a juridical interpretative process, helped by the historical interpretative method provides the fitter technique to the development of a work from the qualitative perspective. At least relating to it's founding principles, such as defense fullness, voting secrecy and the basic principle of people's court, the sovereign, that guides the decisions uttered in the secret room by the jurors. The conclusion given by the research is that the Penal Court is a controversial institution because, defying the fact that every decision of the judiciary power must be properly based, the fact judges only answer trough the monosyllabic yes or no without giving base to their decisions, giving its votes according to theirs conveniences and social, politics an philosophies beliefs. It demonstrates, among other things, a necessary and justified perspective of Penal Court's contemplation, faced to the current national judiciary.