O tribunal do júri como genuíno instrumento de justiça no Brasil

Abstract

ABSTRACT The Jury Court is a legal institute used since antiquity by individuals who lived in the community and raised the resolution of conflicts. Its initial purpose was to give the people the prerogative to judge their fellow men, taking away from the sovereign's hands the exclusive competence to decide disputes. In this sense, several nations around the world have adopted it as a judgment technique, adapting it according to their culture. In Brazil, since the first Constitution, in 1824, the application of this Institute can be perceived, even if still in a different mold from the current one. However, with the evolution of legal thought, in general, it was noticed that the Jury no longer obtained the effectiveness that it used to have, as can be seen by the manifest change of its original structure in several countries around the world. Although these nations have reevaluated their popular judgment technique, reducing its use, in Brazil what is perceived is its unquestionable application, given its legal support and, mainly, its symbiosis with the legal culture. In the present work, we intend to demonstrate that in Brazil, the questioning of its structure is vital for the evolution of the penal system, regarding the use of the method for the effectiveness of justice. For the production of the research, the hypothetical-deductive method was used, which had the scope to analyze the real adequacy of the Institute of the Jury Court to the current legal modernity, from the perspective of the principled evolution of the Criminal Procedure, focusing on its modern applicability. In this way, alternatives will be proposed to guarantee, surely, justice to the specific case with the minimization of extra-legal factors that may negatively influence the subjects involved in the Jury Court. Keywords: Jury. Conflicts. Constitution. Effectiveness. Justice.