A supressão da justiça das decisões com a soberania dos veredictos e o in dubio pro societate no tribunal do júri

Abstract

The present work has as purpose to expose the methodology used by the Court of the Jury, giving emphasis to the sovereignty of the verdicts and residence, in spatial planning paternal, of the principle of in dubio pro societate. The Federal Constitution of 1988 provides for the institution of the Jury, implemented as a fundamental right, and assures you of the sovereignty of the judgments given by the judges. In another angle is the application of in dubio pro societate to justify the pronunciation of accused who, faced with the doubt of the magistrate will be taken to the Selection Board. Both principles, doctrines accepted or not by the Constitution, may not oppose and overcome the principle most of the presumption of innocence, compromising under measure, the justice of the judgments given by the Council of the sentence. Thus, it is expected to recognize the unconstitutionality of the sovereignty of the verdicts and the application, in case of doubt the judge as to materiality / authorship of the offense, the in dubio pro reo, to lead to a fair and less arbitrary results.