LEI 11.689/2008: uma abordagem acerca da supressão do protesto por nono júri.

Abstract

The Court's Jury is an institution currently planned in several jurisdictions around the world and nationally is constitutionally provided for in the Federal Constitution of 1988 as law and individual security. It has jurisdiction to prosecute crimes against malicious life, tempted or accomplis, which are: the murder, the inducement, instigation or assistance to suicide, the infanticide and abortion. This monographic study aims to show the most interesting innovations caused by Law 11.689/2008 (The law of New Brazilian Jury), especially the part that deals with the extinction of protest by new jury. It will be done a study about the history of Brazilian criminal procedure and how the institution of the jury reached the legal vernacular, describing the principles that guide and a little of your current routine. Was used for the preparation of this study a legal search-exegetic, with extensive literature review and research in some websites. It will be verified that the case of the missionary Dorothy Stang was the fuse for the Law 11.689/2008 that extinguished the protest by new jury. The new protest by jury was introduced in the Brazilian legislation with the Criminal Code of 1832, and served to cause an appreciation of the convictions and death sentences and the severe penalties. It currently serves as a request for a new jury in the application of a penalty equal to or superior to twenty years for conviction in the first trial in a single crime. The application of Law No. 11.689/2008 in time will also be studied, taking into account the legal nature of the protest, in order to know which procedures apply the changes made by this law.