O princípio da soberania dos veredictos e sua aplicação na revisão criminal

Abstract

The aim of this study was to assess whether the criminal review of decisions taken by the jury affront to the principle of sovereignty of the verdicts, referred to in Article 5, XXXVIII, c, of the Constitution, noting the divergence of doctrine and jurisprudence on the subject. That principle is interpreted as meaning that the decisions taken by the judges can not be modified by law judges. Yet this principle, sometimes it is not applied in the Criminal Revision, action envisaged in the Constitution that allows the review by courts Reviewers, of sentence that was final and unappealable(res judicata) as a result of judicial error. Preliminarily, were studied particular aspects of these two institutes criminal. Then there is the prevailing understanding that supports the opportunity for review of sentencing decisions made by People's Court, finally it was undertaken an analyze the arguments used by the doctrine and jurisprudence.