Da impugnabilidade das decisões absolutórias do tribunal do júri: uma análise da jurisprudência do Supremo Tribunal Federal / The non-appealability of the jury's absolutory decisions: an analysis of the Supreme Court's jurisprudence

Abstract

As an entrenched clause, the Jury Court is provided for in the same art. 5, item XXXVIII, of CRFB/88 and is conformed by the guidelines of fullness of defense, secrecy of votes, sovereignty of verdicts and competence to judge intentional crimes against life. Traditionally, the doctrine and jurisprudence had a firm understanding in the sense that an appeal, both by the prosecution and by the defense, against decisions of the Jury Court on the allegation of a decision manifestly contrary to the evidence of the case file (art. 593, III, 'd', of the CPP), whose provision only implies the holding of a new jury and, therefore, there would be no violation of the sovereignty of the verdicts. In view of the divergence as to whether these decisions are challenged by the ministerial body, it is intended to analyze the understanding of the Inter-American Court of Human Rights, the doctrine and the STF itself. From this verification, we seek to understand how the issue may have an impact on the judgment by the plenary of the Federal Supreme Court under nº ARE 1225185 RG (Theme 1087), of the Rapporteurship of Minister Gilmar Mendes, in general repercussion.