Uma análise crítica da constitucionalidade do Tribunal do Júri

Abstract

This article aims to examine the structure and procedure related to the Jury Trial, adopting an approach that considers the systemic interpretation of the law. The intended objective is to identify and analyze the main deficiencies of this method of trial, its claim as a democratic judgment system, and contextualize it within the parameters of balancing and normative proportionality of constitutional principles in a Democratic State of Law. The qualitative research, with a comprehensive and critical character, relies on bibliographical and jurisprudential sources, emphasizing democracy as a direct act of justice, in order to examine the Jury Trial in its reason for being and its efficiency in the Brazilian penal system. It is concluded that there is an intrinsically political nature in the functional and social structures surrounding the applicability of the institution, as well as its reflections concerning the moral and ideological framework that surrounds criminalization