A aplicação do princípio in dubio pro reo na fase de instrução preliminar do procedimento do tribunal do júri como fator legitimante da decisão de de impronuncia.

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.