Visão crítica acerca do Tribunal do Júri: a problemática dos jurados e a possibilidade de renúncia ao julgamento pelo conselho de sentença

Abstract

The objective of this paper was to analyze jury trials and lay jurors, especially with regard to their ability to judge the crimes assigned to them and the absence of reasoning in the verdicts. Furthermore, it aimed to analyze situations that can make a trial by jury unfair to the accused, as well as the possibility of interpretative change to enable the defendant to waive trial by jury for a bench trial, when considered more favorable. Therefore, doctrinal research was used for the development of the paper and the approach was based on the dialectical method. For its part, the method was comparative in order to present the differences of view about jury trial, addressing both its critics and its supporters. The work was divided into three chapters. Firstly, a brief conceptual and historical review of the topic was done. Secondly, we attempted to collate the various doctrinal currents to critically analyze the jurors and their verdicts. Lastly, an investigation to find situations that can make a trial by jury unfavorable to the accused was made so as to question whether a jury trial is in fact a constitutionally provided guarantee or an obligation, and thus explore the possibility of the defendant to waive jury trial.