Redefining claim preclusion from verdict sovereignty: partial res judicata in jury trials

• Autor(a) principal: Rodrigues, Paulo Gustavo
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/301
• topic: Verdict sovereignty; Trial by a Jury; Enforcement of sentence; Res Judicata.; Soberania dos vereditos; Tribunal do Júri; Cumprimento da Pena; Coisa Julgada.

Jury trials have presented themselves in history as an important instrument for the consolidation of democratic processes, because they are a tribunal for which the people are summoned to discuss and directly judge facts that have occurred in their community. With the intention of strengthening the institution after a dictatorial period, the Brazilian Constituent Assembly rescued the sovereignty of the verdicts, and raised the institution and its characteristics to the level of a fundamental clause. From an exploratory perspective, of qualitative nature, the present work intends to investigate how the sovereignty of the verdicts impacts on the legal procedure of the intentional crimes against the life to the point of redefining the initial moment of compliance to the sentence, possibly justifying hypotheses of execution of the sentence in the first, second degree or after the end of the process. It will be discussed the possibility of forming a partial claim preclusion in relation to the criminal responsibility of the defendant, in face of the subjectively complex nature of the condemnatory sentence of the Jury procedure.