A absolvição sumária no procedimento do tribunal do júri: a análise sobre a constitucionalidade dos incisos I e II do art. 415 do código de processo penal.

Abstract

For that the conviction in the Criminal proceeding occurs, has the necessity of evidence of the authorship. In doubt case, optimum way is the absolution. In this mat, the acquittal in law represents in the procedure of the Court of the Jury, the possibility to occur the anticipation of the merit. However, with the advent of the Law n°. 11.689/2008 the legal treatment that this species of decision had deeply was modified, starting to appear enters the hypotheses that base it: the existence of tests of the inexistence of the fact, and not to have been the defendant informing author or of the fact. The happened magnifying of the reform made possible the questioning concerning its constitutionality, a time that would be occurring a breaking to the constitutional ability of the jury. It is in the context of this problematic one that today's is developed work. The present study it was carried through through the methods exegetical-legal and systematic, with the analysis of the legislation, and the technique of bibliographical research and documentary, with consultation to the doctrine. Objective to examine the conflict it enters the ability of the popular court, and interpolated propositions I and II of art. 415 of the CPP, a time that through them was extended the performance of the magistrate in the first phase of the procedure of the jury. It is verified that heartwood of the question if finds in the appreciation of confronts to the Federal Constitution, notably when in it is established the protection to the ability of the Court of the Jury, forbidding any type of modification that comes the restringiz it. Of this form, it is intended, at least, to instigate the academic and legal debate with the based central idea in the thesis of that the acquittal in law is bonanza decision, and therefore, any alteration in the infraconstitutional legislation that comes to remove of the petit jury the ability to judge questions in fact, passing the power to decide them for the singular judge in its discretion, wounds the Great Letter frontally, and being thus, it is intended to point the necessity of that the unconstitutionality of these devices is declared.