Tribunal do júri no direito Brasileiro: análise do instituto sobre o prisma do direito ou garantia fundamental e a importância da soberania popular.

Abstract

The Constitution brings with it the power to judge the crimes against life the jury, shaping it guarantees inherent to its full and legitimate exercise. The present monograph analyzes the Jury in the Brazilian Legal System, highlighting respectively, its origin, its application in the comparative law, the constitutional principles governing the institute, besides boarding the Jury as a right and as a guarantee. Therefore, the present study seeks to provide further information about this institute, which is discussed in the item XXXVIII of the 5th article in the Federal Constitution, resorting to the constitutionalist researchers in order to verify whether or not there is a distinction between Right and Guarantee, particularly in the People's Court. The work presented is justified and proves itself relevant as it seeks to discuss the Jury, also it intensifies the analysis about the institution responsible for the prosecution of attempted or accomplished crimes, in which the citizen acts with the intention to kill, analyzing the basic principles that regulates the People's Court, which are: the fullness of the defense, the secrecy of voting, the sovereignty of the verdicts and the competence for the trial of crimes against life. In order to achieve the objectives mentioned, it was used the historicalevolutionary, dialectical and comparative methods, by using bibliographical and virtual research. It was carried out the systematization and gathering of information extracted from the criminal doctrine, articles from the internet, and Judicial Bodies. In this concerning, there is also the approach and the influence of the discourse of the Prosecution and Defense, in the oral debates that occur in court, emphasizing the importance of the Jury in this context.