Análise crítica: a pertinência do tribunal do júri no atual Estado Democrático de Direito

Abstract

This work examines The Jury´s Court, an institution foreseen as fundamental guarantee in The Federal Constitution of 1988, qualified to judge the willful crimes against life. Analyzing the conditions that Popular Judgment was created they happen to be not consistent with the current reality, turning its structure inadequate to the Today‟s Legal Order. In this way, it seeks to bring the arguments used to legitimize the Institute with the purpose of questioning and deconstructing them, grounding a necessary revision of the legal reasoning, in search of criminal procedural modernization. Nonetheless, it looks to find alternatives that aim at procedural changes, in order to reform the structure of the Jury and to adapt it to the current democratic State of Law.