Tribunal do júri e arquitetura do plenário de julgamento: análise crítica a partir do princípio da paridade de armas e a íntima convicção dos jurados

Abstract

This Course Completion Work seeks to analyze the interference of the architecture of the judgment plenary on the principle of parity of arms between prosecution and defense in the seat of Jury court. The Public Ministry, procedural subject in plenary of the jury that represents the prosecution, has the prerogative to sit on the same plane and immediately to the right of the magistrate, a prerogative that imposes an unequal position on the defense against the presiding judge and the Sentencing Council. It is necessary to present the present problem since it is inserted in a context where the life of an individual is at stake, since it will be by the Board of Jurors, the one formed by jurors lay people, who will face the possibility of being brought to a verdict influenced by the architecture of the plenary, since the visual field and, therefore, its organization, can in such a way to persuade the judge. To carry out the research, the deductive method is used and its precepts, in order to provide the necessary grounds for concluding the highlighted question. In this sense, the use of bibliographic research, analysis of jurisdiction and jurisprudence, as well as analysis of the Direct Action of Unconstitutionality No. 4768, is essential for the present study. In search of a conclusion about the persuasion that the ornamentation of the trial floor can have on jurors, are also analyzed, in full, the votes cast by the ministers in the judgment of the Direct Action of Unconstitutionality nº 4768, already mentioned, as well as all organizations that appeared as amicus curiae in the present action, being woven the appropriate criticisms and analyzes at the end, as well as the conclusion about the influence of the judgment architecture on the intimate conviction and parity of arms of the parties when in the context of the Jury Court