A importância das instâncias de controle no Tribunal do Júri: e sua ameaça pelas reformas processuais.

Abstract

The present article proposes the study of the control instances in the institution of the Jury Court, considering the specific principles guiding the popular judgment, especially the sovereignty of the verdicts. Thus, we seek to demonstrate the importance of the first phase of the procedure, as well as the decision to pronounce and the appeal in the strict sense, given that, together, they are responsible for performing a procedural filter of cases that will be submitted to the second. stage, for ensuring the jury's competence and also for delimiting the accusatory theses in plenary. Thus, taking into consideration that the control during the preliminary instruction guarantees legitimacy to the procedure, an analysis is also made on the changes proposed by the Anticrime Package, a bill presented by the Minister of Justice and Public Security, the which intend to remove the effect of the Strict Sense Appeal, with the aim of increasing the speed and effectiveness of the Jury procedure, however, jeopardizing the observance of various constitutional guarantees provided to the accused.