THE JURY COURT ON THE WAY OF AN INTUITIVE JUSTICE?

THE SUBJECTIVISM OF DECISIONS VS. LEGAL TECHNICITY

Abstract

The proposal maintains its focus on critical analysis about the juridical court's legal institute, with special emphasis on the principle of the juror's intimate conviction and the possible configuration of an intuitive justice, which removes the canons of law at the expense of attachment to subjective aspects. It is intended to examine and ponder to what extent the problem of the lack of motivation of the Jury's decisions affects the reasonableness of the judgment, as well as the subjectivist reflexes of the decisions. The study adopts the specialized bibliographic review as the main methodology, dealing especially with doctrines and ethnographic studies. In the first moment, a brief historical review of the jury court institute in the world and in Brazil is presented. Then, the problem of the principle of intimate conviction is critically evaluated. Finally, the possibility of meta-legal arguments and other variants that tend to influence the impartiality of the trial before the People's Court is examined. It was found that the unnecessary reasoning of the decisions rendered prevents the control of the reasonableness of the decision; oratory and dramatization devices overcome the desirable scientific technical rigor; the unlimited media performance in the judgments affects the jury's exemption and, consequently, the fair trial.