Tribunal do júri: uma investigação acerca dos atributos do conselho de sentença

Abstract

The present study seeks to elucidate the conception of the Jury Court, studying from its origin to the insertion in brazilian legislation, examining the principles and norms that govern the institute today. The problem lies in the analysis of the specific attributes established by the legislator that rule out the incidence of democracy in its fullness. This is a theoretical research, in which the dialectical approach method was used, manifested in the critical conversation between doctrinators with divergent positions and, jointly, the method of comparative procedure, with the scope of comparing legislation with regard to the Jury Court, with a view to the possibility of proposing improvements to the institute. It is concluded that democracy is not fully embodied in the Jury because it has, exclusively, its existence based on the participation of the people, being imperative the joint existence of the reasons of the decisions, communicability of the jurors, adequate quorum of the decision and active participation of judges.