Tribunal do Júri: uma análise de direito comparado entre o modelo brasileiro e Norte-Americano

Abstract

This comparative study analyzes the Jury Court model in the United States. United States and in Brazil, with the objective of proposing improvements for the Brazilian system in the that fundamental rights and guarantees are respected. They are highlighted three crucial aspects: the deliberation among the jurors, the unanimity of the votes and the system of intimate conviction adopted by Brazil. In the US system, the deliberation of the votes allows the jurors to debate and discuss the case, promoting a broader understanding and considering several perspectives. It is recommended the adoption of this practice in Brazil, favoring the exchange of information and arguments among the jurors. In turn, the requirement to unanimity of votes in the United States strengthens the legitimacy and quality of decisions of the jury, as it requires a more careful analysis of the evidence presented. A adoption of this requirement in Brazil could help to avoid unfair results or precipitates. Finally, the system of intimate conviction in Brazil will be analyzed, which although traditional, can lead to unpredictable and unfair decisions due to lack of objective criteria. The parallel between these two legal systems is of fundamental importance. importance for creating a debate about the adoption of changes capable of strengthen the impartiality, quality and legitimacy of Jury Court decisions, making the system fairer and more efficient in Brazil