In dubio pro societate na decisão de pronúncia e presunção de inocência: a difícil coexistência

Abstract

The general objective focuses on the analysis of the offensiveness to the exercise of the fundamental right, the presumption of innocence orchestrated by the admissibility of the pronouncement of accusatory claims fraught with the uncertainty of doubt anchored in the in dubio pro societate in the jury rite. As a result of this general objective, some specific objectives have been highlighted: the examination of the esteem given to the principle of presumption of innocence in the jury rite; the paradox existing in the use of in dubio pro societate as a criterion for resolving doubts regarding the evidence of criminal authorship in the pronouncement, as well as analyzing the actions of the people in criminal justice with the constitution of the Popular Jury; and, finally, focus on the recovery of in dubio pro reo in the pronunciation phase and the return of harmonization with the constitutional order. Constituting a research with a deductive type method, with a qualitative approach of an explanatory nature, in which research techniques of an indirect bibliographic and documentary nature were used, with the analysis of judicial precedents that emphasize the problem, the examination of the relative legal system to the proposed theme. The imperative need to challenge the use of “society's favor” to interpret the doubt in favor of the accusatory claim was noted, authorizing the referral of defendants to the popular jury almost automatically, disregarding the risk that the individual suffers when being referred to be judged before your peers when doubt hovers over you, which is the reason that justifies the preparation of this Scientific Article.