O desaforamento do tribunal do júri nas comarcas de pequeno porte.

Abstract

The institute of the change of venue consists on the transference of the judgment of the Court of the Jury from a Judicial district to another one, thus modifying the ability of the judgment that is foreseen in articles 427 and 428 of the Brazilian code of criminal procedures. Such situation possesses, in turn, certain characteristics that deserves attention, one of them being related to the supposed greater necessity in small judicial districts. In this work looked forward to investigating the doctrinal, legal and jurisprudential perspectives of how much the change of venue aiming at the impartialities of the jury and/or security of the defendant in the judgments in small judicial districts. The approach method used was deductive and the procedures were monographic and compared, supported by bibliographical and document research. The results show that, amongst the foreseen requirements, what more influence to occur the change of venue is the doubt in the impartialities of the Jury, mainly, for the danger offered charged person, a requirement that is emphasized in small judicial districts, because these the people tend to know themselves. In this way it is concluded, amongst other factors, that ahead of the evidenced in this study, despite it is not imperative a legislative change to foresee the requisite “small judicial district” for change of venue, an accurate look of the Courts of Justice to the question is mandatory.