Tribunal do júri: sugestões para um procedimento com o perfil do estado democrático constitucional de direito

Abstract

This scientific work has the main scope to take a critical approach to the rite of the Jury in Brazil, with emphasis on procedure put into practice from the Law nº 11.689, from 9 July 2008, which led to profound changes in the provisions of articles 406-497 of the Code Criminal Procedure. Innovative solutions leading to a more modern and faster rite are pointed. It shows the historical evolution of the Jury Court, from its earliest origins addresses up until the current development framework in various foreign jurisdictions who, in one way or another, have produced some influence on brazilian law. It concentrates on the evolution within the legal system approachin the country, taking care to highlight the headquarters of the Constitutional Court Jury in Brazil, its status as a fundamental right and constitutional principles that inform it more directly. It also highlights the procedure in stages that currently make up the rite of the Jury and presents its organization in the twenty-six state capitals of brazilian states and the Federal District, and also present the organization of the judgement court scope of the Federal Court. Innovative ideas that aim to give more speed and efficiency to the rite of the Jury in Brazil are shows, most notably the reduction of current procedural phases into one, which, as will be shown, lead to savings time and costs and become more effectiveness procedure. Besides the reduction of procedural stages and exposure of justifies reasons, several other measures are identified and claimed as necessary for procedural advancement of millennial institution that wishes to put Brazil at the top of the modernity of the Jury Court, by presenting an appropriate rite principles enshrined in its Constitution, catching up with it, a procedure with the profile of the Constitutional Democratic State.