A perfomance teatral no procedimento do tribunal do júri: o simbolismo e legitimidade da justiça

Abstract

This study examines the Brazilian Jury Trial as a ritualistic and theatrical performance, investigating how its symbolic elements contribute to the legitimation of state power. The central hypothesis is that jurors’ decisions are not based solely on rational evidence assessment; they are heavily mediated by narrative construction, party rhetoric, and jurors’ subjective perceptions. A bibliographic, qualitative, and descriptive-analytical methodology was employed, drawing on theorists such as Bourdieu, Foucault, Goffman, Ricoeur, and Turner, as well as on relevant legislation (the 1988 Constitution and the Criminal Procedure Code). The work is organized into four main sections: Criminal process as performance – argues that the trial is a “stage of power,” where rituals and language generate truth-effects; Historical and constitutional development of the jury – traces its imperial origin (Law of 18 June 1822), constitutional consolidation (1824 – 1988), and current composition (presiding judge + 7 lay jurors); Jury as a symbolic arena – shows that the verdict institutionalizes a legal truth, emerging from the contest between narratives and the symbolic capital of actors (prosecution × defense);Impact of language and persuasion – highlights the centrality of rhetoric (Aristotle) and narrative construction (Ricoeur), and demonstrates how emotions and jurors’ subjectivities shape conviction. The study concludes that the Jury Trial operates as an institutional ritual that legitimizes justice by intertwining procedural compliance with persuasive performance, underscoring the need to recognize this performative dimension to improve legal practice and ensure greater democratic transparency.