Tribunal do Júri; análise crítica sobre o leigo no corpo de jurados.

Abstract

The present monograph intends to analise the behavior of the layman, while being an active part in the Jury Court. Exists in Brazil since 1822, and was stablished in the Brazilian Constitution in 1988 (article 5, XXXVIII) among the Individual Rights and Guarantees as the institution that's responsible for the prosecution of crimes against life. It has the objetive of making a historical consideration about the process which originated it and the context which keeps it up to nowadays into action. Regarding to the present time analising its structure as a mechanism of trial to the 'deceitful crimes against life'; specially how all this conjuncture generates partial the or partial not position in the members of the Jury, analising their position on the attempt of democracy and not of justice. The famous sentence of Rui Barbosa, in his Prayer to the Young ones, "Delayed justice is not justice, but qualified and manifest injustice" (2001. p. 57). Having the critical-historical method as a basis, doing a wide bibliographical revision about the theme and a deliberation about the several sources of research, like texts, monographs related to the theme, juridical articles from the Internet, among others, the research studies the importance the or importance not of the layman in the Jury Court