A proposta de quesitação genérica no Tribunal do Júri e seus reflexos na racionalidade dos vereditos

Abstract

The present paper proposes a concise analysis about the parameters used by the court of the jury and its reflexes about the rationality offered by the competent institution to judge crimes committed with the element of dolus malus against life. Therefore, pointing to the different arguments brought by the law 11.689/2008 in the light of the legislation project number 8.045/2010 that is still in gravitation inside the Deputy Chamber of Brazil, implicating the construction of a new codification of the penal process, that suggests the perspective of the unified parameters as to impose limits to the new propose of procedural system. It is therefore intended to redress the consequences of establishing the structure of the Jury Court, based solely and exclusively on a single issue to be submitted to the jury as regards the determination of guilt, asking only if the accused should be acquitted. In this context, in keeping with the proposal of the aforementioned Bill, it seeks to solidify the unequivocal primacy of ensuring the rationale of the verdicts issued by the court of the jury, which presupposes, precisely, a detailed question submitted to the jury's analysis, therefore, the imperative notion of motivation of the decisions set by the jury, under penalty of being merely speculative and imprecise judgments, in which the lay conscience of the jury prevails to the detriment of the fair decision due to the indispensable foundation.