O PERFIL DOS JURADOS À LUZ DO PRINCÍPIO DEMOCRÁTICO

Abstract

This article examines one of the contested aspects of the jury court on the functionality of the democratic principle in the choice of judges that make up that popular court. To verify whether, in fact, the democratic principle guides the selection of people who are members of the jury, we used bibliographic research, based on material already published on the subject in books, periodicals and articles, and also used data published by other institutions and public agencies. A historical research was also carried out on the subject, in order to verify the possible changes that occurred over time in its structure and organization, culminating in the current process of jury selection in the light of the democratic principle. Finally, it was concluded that, although the jury court has a constitutional provision and, in this context, is guided by the democratic principle, the practice demonstrates, including by the result of the analyzed data, that the subjective criterion of moral suitability ends up legitimizing the choice of certain people over others and, in this sense, has the ability to become a carte blanche for choice based on personal criteria, allowing the presiding judge a choice based, for example, on skin color or social class, although it may justify its decision by taking into account the criterion of moral suitability.