Tribunal do júri e retribuição prisional ao crime de homicídio: uma etnografia da lógica jurídica sobre sentidos e modos de viver, matar e morrer

Abstract

The Brazilian Penal Code provides three possibilities for categorization of murderous delinquent conduct. Treat it as "simple," "qualified," or "privileged". Convicted, the agent charged by the voluntary murder of another individual shall have his sentence increased or decreased according to which the jurors, in the Court of the Jury, consider that the homicide evaluated has been committed in a more or less serious way. This research focuses on how, in the institution of the mentioned criminal law, legal actors qualitatively grade means and motives of using the power to kill for the purpose of measuring the prison retribution to defendants accused of consummate or attempted homicides. In other words, our object of investigation is the devices and judicious/moral practices by means of which, in a Court of the Jury of the Metropolitan Region of Fortaleza/CE, an attempt is made to determine the seriousness of a murder. Methodologically, we pursue and seek to understand, therefore, the meanings of the use of the agonistic rite of the Jury (Schritzmeyer), within modern penal rationality (Pires), in the establishment of qualified (more serious) ways to kill someone or whatever forms (less serious) to authorize the exercise of the same act. With this purpose, 28 ethnographic incursions were made to full sessions of jury trials in 2017 and 2018; interviews with legal operators, jurors and technical-administrative officials; besides the examination of documentary material of the type of minutes, lists of jurors and manuals of legal dogmatic about the qualifying and attenuating of the crime of homicide. They were also ethnographed the sessions of draw and instruction of the jurors for discussion as to how to establish this "legal fiction". In order to understand the structuring principles to which the mechanisms (read regular practices, socially orchestrated, incorporated and expressed by the agents of law) of the Popular Jury in the examination and referral of interpersonal conflicts with outcome-death, are indicated.