A aplicação do in dubio pro societate como fundamento de manutenção das decisões de pronúncia: uma análise do julgamento de recursos em sentido estrito pelas Câmaras Criminais do TJ/CE

Abstract

This work discusses the application of in dubio pro societate as a basis for upholding the decisions of indictment, aiming to understand the impacts of its application on the protection of constitutional rights of the accused, especially in relation to the constitutional guarantee of presumption of innocence. In view of this theme, the research assumed as central problem the following question: how have the Criminal Chambers of the Court of Justice of the State of Ceará (TJCE) positioned themselves in the judgment of appeals in the strict sense (RESE) against decisions of indictment regarding the confrontation between in dubio pro reo, manifested in the defense appeals of the accused, and in dubio pro societate, which is the basis for the indictment’s decisions? As for the methodology, we adopted a qualitative research of jurisprudence, of the documental type, using as a source of data 10 (ten) judgments handed down by the Criminal Chambers of the TJCE in the judgment of appeals in the strict sense against decisions of pronouncement between January 2020 and December 2022, with the thematic focus on the crime of murder (simple and qualified), in its attempted mode. The theoretical foundation was based on the contribution of several authors on the subject, among which we highlight as main references Aury Lopes Jr. (2021), Eugênio Pacelli (2017), Guilherme Nucci (2023), Sérgio Rebouças (2022), Maurício Zanoide de Moraes (2010), Paulo Rangel (2023) and Rafael Fecury Nogueira (2012). The results of the research indicate that the TJCE recognizes in dubio pro societate as a principle and understands that it prevails over in dubio pro reo in decisions of indictment, which shows that the jurisprudential update on this theme still requires a lot of effort.