O conselho de sentença no Tribunal do Júri e a influência da mídia e da sociedade na formação de sua íntima convicção.

Abstract

This monograph underpins the fragility of formation of jurors’ inner conviction in the Jury Court, as components of the Sentence Council, on the grounds of the influences from the media and society in the crimes of great impact. Resulting in disregard for the principle of innocence presumption and convictions based on eminently subjective criteria, disregarding the evidence established on the records. It was analyzed the historical evolution of the jury court, its principles, as well as informants throughout the procedure for the processing of intentional crimes against life in the grand jury. During the paper, set the left media influence and society in the jury’s opinion in the trial of great impact crimes, and, therefore, this research main objective is to analyze the impossibility of the jurors remain impartial until they are ready to give their position at the trial of crimes that lead to big social commotion. It also elucidated, in each case, the evidence of these external influences to, eventually, propose solutions that can reduce or eradicate such interference in the formation of jurors’ inner conviction. The relevance of this theme come true because of the consequences that may be caused directly in defendant’s life, in his or her liberty. As well as in the legal uncertainty brought by inner conviction to the principle of jury court, in order to be able to depart from the legal barriers imposed by the subjective and procedural law. For this purpose, the methods of inductive and historical approach were used, as well as existing laws, doctrines, articles, stories, news, jurisprudence of higher courts and online queries regarding the theme.