Críticas a estrutura do tribunal do júri e alternativas de adequação ao hodierno Estado democrático de direito.

Abstract

The jury appears as a special body of common law, governed by its own rules, which must be interpreted by its principles. However, after the Federal Constitution of 1988 the foundations of the new democratic state were instituted, this fire, this research seeks to develop an analysis of the position of the institution of jury trial checking their conformity with the constitutional principles inherent in the present democratic rule of law and all the legal guarantees thereunder. To do so, employing the deductive method of research and the use of literature search, through the method of historical-evolutionary and exegetical and legal procedure, taking advantage of the most various doctrinal trends, from those that fervently defend the institution contrary to the most , at first carried out a historical approach of the institute, which was exposed to doctrinal disagreement about the origin of the Jury Court, bringing to the fore some opinions on when and where he originated the institute, there is consensus that the only Institute with the features that have achieved modernity would then have arisen in England and still sought discuss this evolutionary process that culminated with the device inserted in constitutionalism and how it has developed in Brazil to this day. In a second step the research seeks to describe how it develops the rite of the jury trial, which his legal foundation, competence and all its formalities and procedural acts from the offering of the complaint until the final decision in the trial in which judgment is given plenary by Jury, drawing a parallel between ancient systematic and benefits brought by Law 11.689/2008 to promote the necessary understanding about the institute, which will provide the necessary critical to understanding which the research aims. Finally it approaches the main criticisms revolving around the institution, almost all regarding the discrepancy it presents within the constitutional context of a true democratic state, since it goes against the application of various constitutional and procedural principles such as the presumption of innocence and the mandatory need for motivation and reasons for the decisions of the powers given in the decisions of the board of sentence, questioning how democratic participation of the people in the composition of the jury, according to the current model of recruitment of judges, among other issues that we propose to discuss.