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Tribunal do júri: alternativas de aperfeiçoamento e (re) legitimação da instituição

Andres, Mari Oni Da Silva Azevedo, Rodrigo Ghiringhelli De

Pontifícia Universidade Católica do Rio Grande do Sul ; Porto Alegre 2007

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  • Título:
    Tribunal do júri: alternativas de aperfeiçoamento e (re) legitimação da instituição
  • Autor: Andres, Mari Oni Da Silva
  • Azevedo, Rodrigo Ghiringhelli De
  • Assuntos: Direito Processual Penal ; Tribunal Do Júri ; Júri
  • Descrição: This work identifies was developed in the research line criminal politics, State and limitation of the punitive power, having as objective to investigate the possibility of perfectioning and legitimation of the Court of the Jury, being kept as an institution that reaffirms the Democratic State of Right. Based on the analysis of the Court of the Jury in its historical, sociological aspects and comparative jurisprudence, and approaching as it it is dealt by the criminal procedural doctrine in Brazil, the research shows the current deficiency and the loss of the identity of the institution. Furthermore, lt points the limits of the proposals of the ongoing procedural reforms in the National Congress. Through survey with questionnaire application, the members of the Petit jury were questioned about the most varied important points related to the Court of the Jury and its function and they demonstrated to have difficulty in understanding the meaning of the judgment, the constitutional principles and even their role as constitutional guarantee of citizen, bling able, to represent an injustice with its verdict. With the objective of better judging, it is necessary to perform some reformation aiming at preventing that the reasons of the existence of the Jury lose the objective and the Court of the Jury ends up being misused as it has occurred in some countries, not respecting the constitutional principles. Therefore, one concludes that the Court of the Jury will only reach its goal to judge the fellow creature with justice, if the jury is reinforced by all the constitutional guarantees, and supported in the principles of the human dignity and the freedom of being chosen and to choose the destination of who one will be under its sense of justice.
  • Editor: Pontifícia Universidade Católica do Rio Grande do Sul ; Porto Alegre
  • Data de publicação: 2007
  • Idioma: Português

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