JURY TRIAL: VIOLATION OF THE SOVEREIGNTY OF VERDICT IN THE FACE OF ACQUITTAL BY THE SENTENCE BOARD

Abstract

This paper aims to critically reflect on the principle of sovereignty of verdicts within the Jury Court, with a specific focus on acquittals handed down by the sentencing committee. The research analyzes the constitutional foundations that guarantee the prevalence of jurors' decisions and investigates to what extent the reviewing action of the Judiciary, especially in cases of annulment of acquittal verdicts, may constitute a violation of this principle. The debate gains relevant contours in light of recent jurisprudence, especially after the establishment of the thesis of Theme 1.087 by the Federal Supreme Court. The general objective is to analyze the possibility of violation of the sovereignty of Jury Court verdicts, with emphasis on cases of acquittal, in light of the Brazilian legal system. This study aims to analyze the possibility of violation of the sovereignty of the verdicts of the Jury Court, with emphasis on cases of acquittal, in light of the Brazilian legal system. To this end, a qualitative bibliographic review was used, using scientific articles, doctrines, judicial decisions and Brazilian criminal legislation itself.