Análise sobre a inconstitucionalidade das decisões proferidas pelo corpo de jurados no tribunal do júri.

Abstract

This undergraduate thesis defends the unconstitutionality of the judgments given by the jury in the Jury's Court, considering that they violate the constitutional precept of the reasoning of judicial decisions, shown in article 93, item XI. The paper analyzed the historical evolution of the Jury Tribunal in the Brazilian legal system, highlighting, respectively, its origin and its reporting principles. In addition, he addressed the biphasic procedure of the People's Court, highlighting its phases, the first consisting of the judicium accusationis and the second in the judicium causae. At this stage, the defendant may be acquitted or condemned by a Board of Sentence. The judge's decisions are based on discretion. In the course of the work, it was demonstrated the need for justification of decisions rendered by jurors, as well as the need for an interpretation according to the constitutional text, declaring the unconstitutionality of the existing understanding, which is based on the principle of free jury conviction. It still presented a mechanism of justification, based on the Spanish model, which does not violate the secrecy of the votes. Regarding the decisions already taken, sought to ratify the understandings already expressed, adopting the theory of temporal modulation of the effects of the decision. The present study seeks to demonstrate that although there is no article expressed in the Code of Criminal Procedure that attributes the condemnation of non-justification, the unconstitutional understanding has been accepted in the Brazilian legal system. Thus, the work presented here is justified and is relevant insofar as it seeks to uphold the supremacy of the constitutional text in the face of infraconstitutional norms. In order to achieve the objectives, the deductive method was used, using a bibliographical and virtual research technique, having as primary sources: Constitution, laws, jurisprudence and doctrines of renowned jurists in the area of Criminal proceedings and Constitutional. Also, secondary sources, scientific articles, periodicals and reading of texts that deal with the theme were used.