Procedimento do Tribunal do Júri: a influência dos antecedentes criminais na formação do convencimento dos jurados

Abstract

The present work aims to identify how the use of criminal records, by the prosecution, influence the formation of the free persuasion of the jurors and the possibility that the use of these background records of the defendant, negatively induces the ruling council of the Jury Court, at the time of taking of final decision. Considering that the Jury Court, institute of criminal law, is the personification of the Democratic State of Law and, in view of a possibility, even if remote, of violation or serious injury to the constitutional principle of the Presumption of Innocence, on the occasion of the use of maneuver (use criminal record) capable of raising doubts in the correctness of their employment, given the importance of the protected legal asset, namely: freedom. In this sense, it would be necessary, from a legal perspective, to pay attention to the possibility of extensive interpretation of article 478 of the criminal procedural codex, in order to add the prohibition, in oral debates within the scope of the session of the Court of Juri, regarding the mention of the the accused's background.