A dúvida e o empate no Tribunal do Júri: um estudo comparado

Abstract

The present work has as objective to analyze the question of the impossibility of having doubts in judgments in the Court of the Jury, once it is impossible a result of tie being the number of jurors odd. We propose that, just as in the free conviction of the magistrates, the conviction of jurors must be sure of the facts narrated and proven in the trial, and, in the absence of certainty, it should be resolved in favor of the accused. The central point of the discussion comes from the jury model established in Brazil, which, unlike other countries, does not allow a tie, does not include qualified majority as a requirement for conviction, and also does not adopt the technical vote of magistrates, as in case of the escabinatos or assessors. In order to examine the issue, it is essential to conceptualize the origins of the jury in the world, as well as the procedures adopted internationally and on how the doubt is capable of making the motivation of a conviction on national soil fragile.