Tribunal do Júri : a resolução da dúvida na decisão da fase procedimental judicium accusationis - (in)aplicabilidade dos princípios in dubio pro societate e in dubio pro reo.

Abstract

The monograph on screen deals with the subject represented by the caption "Jury: the resolution of the doubt on the decision of the procedural stage judicium accusationis - (no) applicability of the principles in dubio pro societate and in dubio pro reo". In the north, it is intended to bring and review the existing doctrinal debate over the appropriate legal remedy in the event of doubt in the decision closing the first phase of jury procedure, called judicium accusationis, behold between theoretical procedural experts who take care of subject are divergent and opposing positions: there is basically a classic chain that supports the application of the principle in dubio pro societate and a modern chain that fiercely criticizes this position and also supporters of the latter who advocate the application of the principle in dubio pro reo. Also it is intended, at the end, collating existing jurisprudential understanding in patriotic courts. As methodology for carrying out the work, we make use of bibliographic research, developed through the title of the discovery of steps, obtaining the work, reading, annotation and concatenation step and comparison of theses supported by leading scholars of the legal world who face this problem. Believes that the theme deserves to be scientifically worked because it has great relevance not only in academic harvest, but also in the field of judicial legal practice and also in the social orbit, since it lacks theoretical pacification, is everyday discussed by actors judiciary who work in the jury and reflected serious and sensitive in society, as the host of one or other of the existing doctrinal currents has the power to determine the constraint or not the right to liberty of a citizen.