ENTRE A “VERDADE PROCESSUAL” E A ÍNTIMA CONVICÇÃO: A ANÁLISE DA APELAÇÃO ACUSATÓRIA FUNDADA EM JULGAMENTO MANIFESTAMENTE CONTRÁRIO À PROVA DOS AUTOS NO JÚRI

Abstract

The main goal of this article is stimulating and punctuating reflections about the (un)appealability of the acquittal decisions handed down by the Jury Court, focusing, in particular, on decisions based on extrajuridical factors, allowed from the officialization of the generic question based on art. 483, III of the Criminal Procedure Code. Therefore, the study is reasoned on an extensive bibliography, which includes legislation, judgments, scientific articles and books. Invariably, the debate generate an analysis of the collision between the principle of supremacy of the jury's verdict and the right to review of judgment, with strong legal dissensions on the subject, notably in court decisions, and, despite the ponderable reasons in the opposite direction, when the theme is analyzed in a systemic way, it is concluded that an appeal is not possible in cases of acquittal sentences, in view of the free conviction of the jury, whose verdict is not linked to the evidence in the file.