O viés político do Tribunal do Júri

• Autor(a) principal: Tamer Junior, Paulo Estevão
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36552
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL; Júri; Política; Soberania popular; Democracia; Jury; Politics; Popular sovereign; Democracy

This paper’s objective is the analysis of the jury in the political perspective, demonstrating its function as an instrument of conquest and maintenance of individual freedoms in a democratic state. The monograph presents at first a brief, chronological and systematic manner the evolution of the institution in the legal history of western civilization, giving greater emphasis to English, American and Brazilian aiming to demonstrate the political and democratic achievements of the institute and its claimants. Next constitutional principles of the jury were addressed, establishing connection with its democratic foundation and demonstrating, by appropriate, its representative as guarantee of sovereignty and popular expression. Later, the American findings on the importance of the constitutional provision of the institute stablishing its existence, eliminating the risk of eventual extinction, the importance of the institute to give police and decision-making power to the citizens over the Judicial Power’s perspectives, and even the legal education of jurisdictional. In contrast analyzed arguments that arise antagonistically to the existence of the Jury, which indicate possible failures and delays of the institute. We passed the examination of paradigmatic cases where the political expression component of the jury was shown to be sharp, thus exposing the position and action of that expression in society that existed. Conclusively, it tried to demonstrate the political effects inserted into the legal and social aspect of the trial by jury, comprehending that its existence, its benefits and traditions approximate itself to the idea of justice in the popular mind