The Jury Court as an Expression of Democracy and a Fundamental Guarantee
DOI:
https://doi.org/10.5281/zenodo.15046764Keywords:
Trial by jury, fundamental’s rights, Democracy, Brazilian Criminal procedure lawAbstract
The Trial by Jury represents the only form of popular participation in the administration of justice in Brazil. In addition to being a fundamental right, as provided for in Article 5 of the Constitution of the Republic, it is a model of how criminal justice in the accusatorial system should be: oral, public, and immediate. The jury plays a significant educational role, as it allows society to understand better how the justice system works, as well as promoting greater awareness of civic rights and duties. Although the Brazilian model is not immune to criticism, these must be directed towards improving the justice system to a more just, equitable, and humane system. The Jury Court must be protected for its history and what it represents for democracy.
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BRASIL. Constituição da República Federativa do Brasil. Brasília: Senado Federal, 1988. Disponível em: https://www.planalto.gov.br/ccivil_03/constituicao/constituicaocompilado.htm. Acesso em: 18 mar. 2025.
BRASIL. Supremo Tribunal Federal. Tema 1.068. Brasília: STF, 2019a. Disponível em: https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=5776893&numeroProcesso=1235340&classeProcesso=RE& numeroTema=1068. Acesso em: 18 mar. 2025.
BRASIL. Supremo Tribunal Federal. Tema 1.087. Brasília: STF, 2019b. https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=5745131&numeroProcesso=1225185&
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