A(IN)CONSTITUCIONALIDADE DO PRINCÍPIO DA ÍNTIMA CONVICÇÃO NO TRIBUNAL DO JÚRI: REFLEXÕES À LUZ DOTEMA1.087 DO STF

Abstract

The purpose of this study is to analyze the constitutionality of the principle of intimate conviction in the Jury Court, contemplated by the ordinary legislator in the article 472 of the Brazilian Code of Criminal Procedure, which allows the lay jurors who integrate the Sentencing Council to vote without the need to justify their decisions. Therefore, the study was based on bibliography analysis, including doctrine and jurisprudence, as well as scientific articles and legislation. This debate is linked to the Theme 1.087 of the Supreme Federal Court of Brazil, which deals with the possibility of a 2nd degree Court determining a new jury during the trial of an appeal filed against an acquittal sentence based on the generic question (article 483, item III, of the Brazilian Code of Criminal Procedure), given the alleged contradiction to the evidence in the case file, so this Theme of General Repercussion was used as a means of reflecting on the applicability of intimate conviction in the Jury procedure. Analyzing the topic systemically, it is concluded that the principle of intimate conviction is unconstitutional, being at odds with the guarantees that ensure due criminal process. The reasoning behind decisions, ensured in article 93, item IX, of the Constitution of the Federative Republic of Brazil (1988), is essential for assessing the rationality and fairness of decisions, and it is not compatible with the Brazilian legal system for an infra-constitutional norm to prevail over constitutional guarantees. Thus, maintaining this system, as it is applied today, means placing the jury's opinion above justice and procedural truth.