A (in) constitucionalidade da íntima convicção dos jurados no tribunal do júri

Abstract

The Federal Constitution provides in article 93, IX that the judgments of the Judiciary must be public and reasoned, under penalty of nullity. in spite of the constitutional order, the model of the Jury Court in force in Brazil, observes the principle of intimate conviction, which, exempting the jurors from the motivation decision, allows them to form their understanding based on any presented grounds, whether legal or meta-legal. In this tune, the The present work problematizes the release of the jurors from motivating their decision, either to absolve or to condemn, inciting the problems that could affect the parts of the process. Specifically, the inconsistency between the resource of appeal of art. 593, III, “d” of the Criminal Procedure Code and the intimate conviction of jurors in cases of acquittal by clemency