DANTAS NETO, J. P.; DANTAS NETO, José Policarpo.
Abstract:
The present work seeks to deal with the possibility of applying the principle of in dubio pro
reo in a pronunciation sentence. First, it seeks to trace a historical analysis of the jury court
institute in Brazil, as well as to reflect on its legal nature, the function of the Jury Court and
its consequences for the accused. It will be listing the possible doctrinal positions that deal
with the applicability of the in dubio pro reo principle in the pronunciation stage of the Jury
Tribunal, aiming to compare the negative consequences of the accused's pronunciation under
the aegis of the in dubio pro societate principle in order to break the still dominant paradigm
of the Judiciary. In a second step, it will be discussed about the three phases of the special
procedure of the competence processes of the jury, as well as the requirements and the
reasoning of the pronunciation decision, also characterizing it as a guarantee of the individual,
in the face of the sanitary analysis and the restraint in language and the verification of sufficient
probative ballast. Finally, the research aims to suggest limits to the application of the principle
of in dubio pro reo, making a comparison with the applicability of the principle of in dubio
pro societate as well as discussing the judgments supported by both principles highlighted in
this work.