A utilização de standards probatórios na decisão de pronúncia no procedimento do tribunal do júri

Abstract

This monograph aims to analyze the use of evidentiary standards in the pronouncement decision, as a solution to the doctrinal and jurisprudential controversy that surrounds the aforementioned decision, due to the lack of certainty regarding the authorship and criminal participation in its delivery, indicating, in the end, the (in)feasibility of its use. We sought to investigate the problem surrounding the pronouncement decision, and how the issue of evidentiary standards is being approached by defenders of this hypothesis, through bibliographical research in doctrinal books, and other documents published in legal magazines and newspapers, physical and digital, in addition to legislation related to the topic. Furthermore, the position of the national superior courts (STJ and STF) was also analyzed. In the end, it was concluded that the verification models were defended as a solution for doctrine, especially those of Anglo-Saxon origin, an idea identically adopted by the STJ and STF. Furthermore, the feasibility of using standards as a solution to the aforementioned controversy was verified.