A inconstitucionalidade da íntima convicção no tribunal do júri diante do princípio da motivação das decisões judiciais

Abstract

The objective of this study is to analyze the Jury's Court, demonstrating the unconstitutionality of the interpretation of the intimate conviction before the principle of motivation of judicial decisions. For this, we will make a brief historical study of the Jury in Brazil with a deepening in the current legal system, appreciating the jury as a constitutional constitutional clause. In order to continue the research proposed here, we study the basic principles of the jury's court, being: full defense, secrecy of votes, sovereignty of verdicts and their competence. Subsequently, we consider the principle of the motivation of judicial decisions and the ways of assessing evidence, which are the free convincing motivated and the intimate conviction. Finally, we will analyze the unconstitutionality of the interpretation of the intimate conviction as a way that the Jury Court must assess the evidence of the case and pronounce its verdicts before the constitutional principle of the motivation of the judicial decisions.