O princípio do in dubio pro societate e sua aplicação na decisão de pronúncia no procedimento do Tribunal do Júri

Abstract

The present work addresses an analysis of the application of in dubio pro societate in the decision to indict within the scope of the jury trial. It sought to ascertain whether the application of in dubio pro societate to indict the defendant, even in cases where there is doubt about their authorship or participation, is constitutionally supported. In this manner, it is highlighted that the application of in dubio pro societate may pose a threat to the individual rights of the accused, as it directs the defendant to trial by jury, even in cases of doubt. Thus, the objective is to verify whether the application of in dubio pro societate is infringing upon the rights and individual guarantees of the accused. To this end, a qualitative research was conducted through bibliographic review of doctrine, analysis of jurisprudence, and legislation. Therefore, it is inferred that the application of in dubio pro societate is at odds with the principles of presumption of innocence, due process of law, as well as the motivation of decisions.