SILVA FILHO, J. A.; SILVA FILHO, José Antonio da.
Abstract:
The Court's Jury is an institution currently planned in several jurisdictions around the
world and nationally is constitutionally provided for in the Federal Constitution of
1988 as law and individual security. It has jurisdiction to prosecute crimes against
malicious life, tempted or accomplis, which are: the murder, the inducement,
instigation or assistance to suicide, the infanticide and abortion. This monographic
study aims to show the most interesting innovations caused by Law 11.689/2008
(The law of New Brazilian Jury), especially the part that deals with the extinction of
protest by new jury. It will be done a study about the history of Brazilian criminal
procedure and how the institution of the jury reached the legal vernacular, describing
the principles that guide and a little of your current routine. Was used for the
preparation of this study a legal search-exegetic, with extensive literature review and
research in some websites. It will be verified that the case of the missionary Dorothy
Stang was the fuse for the Law 11.689/2008 that extinguished the protest by new
jury. The new protest by jury was introduced in the Brazilian legislation with the
Criminal Code of 1832, and served to cause an appreciation of the convictions and
death sentences and the severe penalties. It currently serves as a request for a new
jury in the application of a penalty equal to or superior to twenty years for conviction
in the first trial in a single crime. The application of Law No. 11.689/2008 in time will
also be studied, taking into account the legal nature of the protest, in order to know
which procedures apply the changes made by this law.
