Uso da prova inquisitorial no procedimento do tribunal do juri

Abstract

The present work brings approaches about the use of evidence in the procedure of the Jury Court, both in the inquisitorial phase and in the criminal action and in the Plenary. The main objective was to demonstrate that the use of the evidence obtained in the Police Inquiry is inadequate, legally, to support the Pronunciation during the first phase of the Jury Court, as well as in the Plenary of the Jury in its second phase, as it contaminates the process and consequently its judge , therefore, it must be separated from the file. For that, the deductive method had been used, insofar as the doctrines, jurisprudence and overviews of the subject were observed, in order to generate a discussion and observation on the topic. Through bibliographic research on the use of methodologies, it was possible to arrive at the result that only the presence of the records of the investigation to the records of the main proceedings already has repercussions on a large scale, but may contaminate the judge and the jurors. As a conclusion, we need to disconnect the investigation from the main proceedings of the case, as brought by the new law on the anti-crime package, suspended for the time being, so that there is no contamination of the Judge in the first phase of the Jury, as well as by the jurors. in the second phase, in plenary.