Jury. Nullities. Breach of the jurors' incomunicability and formulation of a question on "insufficient evidence". "Eldorado de Carajás" case

Authors

  • Antonio Magalhães Gomes Filho

Keywords:

Jury, Nullities, Incomunicability of jurors, Question, Insufficient evidence

Abstract

The text examines, in an opinion, two procedural questions that arose in the jury trial in Belém of the Eldorado de Carajás case, in which the defendants accused of the deaths of nineteen victims were acquitted. The investigation, based on the examination of the procedural documents and case law, analyzes the breach of the jurors' incomunicability, arising from a juror's public statement about evidence exhibited in plenary, and the formulation of a question on insufficient evidence, in negative form. The exposition concludes that both irregularities constitute absolute nullity of the trial, for violating the secrecy of voting and the freedom of conviction of jurors, guarantees of constitutional dignity.

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References

CANO, Ignacio. Letalidade da ação policial no Rio de Janeiro. Rio de Janeiro: ISER, 1997.

Published

2000-04-01

How to Cite

GOMES FILHO, Antonio Magalhães. Jury. Nullities. Breach of the jurors’ incomunicability and formulation of a question on "insufficient evidence". "Eldorado de Carajás" case. Brazilian Journal of Criminal Science, São Paulo, v. 30, n. 30, p. 235–248, 2000. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3960. Acesso em: 20 oct. 2026.

Issue

Section

Pareceres e Trabalhos Forenses
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