O sistema do tribunal do júri no Brasil: uma análise da necessidade da comunicabilidade entre os jurados

Abstract

The present work maintains that the is a constitutional stone clause that cannot be suppressed, it is a citizen's right, but likewise, this practice violates some fundamental principles. The Jury Institution, with the organization that gives it the law, is guaranteed the full defense, the secrecy of the votes, the sovereignty of the verdicts and the competence to judge the willful crimes against life. Thus, it is necessary to analyze the incommunicability ensured in the law so that the juror can decide for himself, without any strange influence. Given this, the justification that incommunicability is necessary so that a juror does not come to influence the vote of the other is illusory and devoid of historical explanation. This is because, the lack of communicability is considered an arbitrary measure that does not characterize the real meaning of the jury court, as a democratic institution, and does not reach the stage of civility experienced by Brazilian citizens. Thus, it remains evident that the interpretation of the incommunicability of the jurors does not harmonize with the constitutional text or with the contemporary, being of paramount importance to bring communicability, as adopted by the North American system, to the Brazilian system