O desconhecimento da lei pelos jurados e a precariedade nas decisões do tribunal do júri.

Abstract

In the production of this research it is sought to make an analysis about the Institute of the Court of the Jury in Brazil and the quality of the decisions it pronounces. The main objective of this work was to investigate the harm generated by the technical unpreparedness of jurors and how much this fact can be manipulated by some external or internal agents, interfering directly in the final results. For this purpose, the systemic hermeneutic and case studies methods will be used, based on doctrinal research and laws, as well as the historical method for conducting the institute's memorial study through bibliographic research. The beginning of the research brings the origin of the prisons in the world, being a survey of the origin of the Court of Jury in some countries that adopt this institute, as well as a retrospective of the appearance of the institute in Brazil, emphasizing its advances and setbacks, analyzing in a way constitutional principles. In a second plan the procedures of the court in our country will be explored, the changes introduced by Law 11898/2008, as well as a greater detailing of the phases that make up the whole procedure. In another moment, an analysis of some influences that are allied to the lack of preparation of the jurors, is contaminated some decisions emanating from the Sentence Council. The present work also points out some alternatives that could possibly bring about a better improvement of the institute, for example, that it was not an obligatory mission imposed on some people and the provision of specialized courses for those who have an interest in participating in the Sentence Council.