Procedimento do Tribunal do Júri: a influência dos antecedentes criminais na formação do convencimento dos jurados
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Date
2021-06-18
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Universidade Católica do Salvador
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.
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Keywords
Tribunal do júri, Direito penal, Antecedentes criminais, Conselho de sentença, Court of jury, Criminal law, Criminal record, Sentencing advice