Tribunal do júri: uma análise doutrinária sobre as principais controvérsias do instituto.

Abstract

The present study aims to perform an analysis about the Jury Institute, its evolution, the treatment in the current Federal Constitution and its main controversies and criticisms. It is shown through concepts in the view of those who think the great names of the doctrine. The convenience of doing such analysis is of utmost importance, since the jury is included in the list of individual rights and guarantees. However, it appears that the deficiencies of the Jury begins from the choice of the citizen that will be invested with the need to judge, resulting many times in a judge who has no ability to invest in this position until the issuance of judgments given in the hearing which is based on the Federal Constitution, as sovereign. Although the jury is an archaic institution and should have been polished over the years, today, as in many legal institutions, poses problems. It is therefore necessary that everyone knows such judging body, indeed influential in society as a whole. Procedure will be used as the historical evolution, it is only possible to understand the jury of the institute if known its history and evolution. The second method is deductive, that part of general laws to specific issues, to understand the doctrine, jurisprudence and legal provisions. The research technique used is the indirect documentation, through diverse literature review.