Tribunal do júri: jurados e a influência das emoções nas decisões.

Abstract

The Jury's Court is an institute initially regulated by the Magna Carta in England, later the popular Jury began to be spread by Europe and later in the West, where it reached the American and Brazilian legal system. The procedure of this institute will have similarities in the various countries from which it is used. In Brazil, the Jury's Court is constitutionally regulated, we will approach this institute with a focus on the process of verdict formation by jurors, where the guiding principles of the jury will be exposed in the Brazilian system, as well as a comparative study between the application of these institutes in the Brazilian and American legal system, since we have affiliated the researches of national and international authors. A transdisciplinary bibliographical review will also be carried out, where the decision-making process will be approached by jurors from the point of view of economics and administration, where they analyze the scenario in which they are inserted and the possible consequences of their actions. We will present from the point of view of psychology the process of formation of feelings, emotions and consequently of empathy, which are phenomena inherent to the human and organic condition. That is, we will try to explain that the jurors' decision-making process, even if they seek to exercise their functions impartially, they will be unconsciously influenced by emotions. Thus, the parties, defense and prosecution may also make use of the argumentative processes in order to emotionally influence the jurors, in order to come in line with the point of view defended by them. Finally, we will present also cases in which the emotions directly influenced the process of decision making by the jurors. For this, a study was carried out that had as a method of approach the hypothetico-deductive, as a monographic procedure and as bibliographic research method.