Análise crítica da imparcialidade dos jurados no tribunal do júri Brasileiro.

Abstract

This resume explains about the study of Jury Court Institution and the society’s participation in the trial of people who commit intentional crimes against life. It is supported by the constitutional principles of the defense’s fullness, secrecy of voting, sovereignty of verdicts and competence for the trial of intentional crimes against life, inserted in 5th article of Federal Constitution of 1988. The research had the goal of show a critical analysis about the impartiality of the jurors in the Brazilian Law Court, with the historical development of the institute, its current organization, its principles, as the influences exercised on the jurors, being them the media influence, the social and economic influence, and the influence caused by the lack of security for those who make up the Council of Judgement, which affect the jurors’ impartiality and the sovereignty of verdicts in jury’s decisions. It analyzes the different doctrinal views and understandings of the courts on the subject and find the solutions which can protect and enable the jurors to exercise such an important role, of judging other people at popular court. The research used the qualitative method, with the deductive approach, to for the bibliographical study of doctrines, constitutional and infraconstitutional legislation, and available jurisprudence, comparing the ideas of the leading doctrinaires with concrete cases studied to obtain the results. Concluding that, the Jury Court process, the jurors’ impartiality is essential to guarantee a fair judgment, and it can be affected by the studied influences, damaging the effectiveness of the decisions rendered by Brazilian Jury Court, giving rise to appeal and review of criminal actions in order to break the decision in a timely manner, or even deconstruct sentence already final and unappealable. It is noted in the study that there is space for changes in legislation, as well as the dynamic performance of jurors, trying to make stronger their safety and the technical understanding capacity related to questions which evolve the popular jury and the criminal rights and criminal processual rights. The research shows, then, some proposals of solutions to the guarantee of jurors’ impartiality, reducing the possibilities of influence on the jurors and, therefore, strengthening democracy through popular participation in the administration of justice.