O julgado de clemência no tribunal do júri brasileiro: uma análise sob a luz do princípio da soberania dos veredictos

Abstract

The purpose of this study is to analyze the possibility of appealing on the grounds that the verdict is contrary to the weight of the evidence when an acquittal by the jury is based on an generic absolutory question, as provided in item III, article 483, of the Criminal Procedure Code. In order to achieve this objective, it performs a detailed study of the legislation pertinent to the topic, the illations and critiques in legal literature, and also the case law of the country, particularly the decisions of the Superior Court of Justice. As an inference to this analysis, which is based on the relevance and understanding of the Principle of Sovereignty of Verdicts, it is observed that there is a great impasse regarding the compatibility of the mentioned type of appeal with a jury pardon, especially due to the acquittal on an generic absolutory question is not based on the analysis of the weight of evidence, but only on the intimate conviction of jurors. It concludes, finally, by the incompatibility of those two institutes.