OLIVEIRA, F. M.; http://lattes.cnpq.br/5211601833949291; OLIVEIRA, Fabiano de Melo.
Résumé:
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.