O dever de fundamentação das decisões judiciais e o tribunal do júri : uma análise crítica do modelo decisório dos jurados do conselho de sentença no Brasil

Abstract

The study aimed to analyze and understand the constitutional duty of motivation for all judicial decisions and their relationship with the Brazilian Jury Court, in order to know, to what extent it is possible to maintain all the systematics adopted at an infraconstitutional level for the judges' decisions, exempt from a minimum requirement of reasoning, based on intimate conviction as a method of evaluating evidence and forming conviction, without violating the normative force of the Constitution with its fundamental rights and guarantees as indispensable elements for the full realization of substantial democracy that respects human rights in the context of a Democratic State of Law, with the purpose of developing the usefulness of redefining the decision-making model of jurors in the jury. For years, the doctrine and the legislators were maintained as if they were asleep, without raising further questions about the reasons for continuing to accept the democratic nature of the jury for the simple fact that it is made up of people from the people and that the lack of grounds for the decisions of the jurors that make up the Sentencing Council is justified by the constitutional principles of secrecy of votes and sovereignty of verdicts. It is concluded that in view of all the theoretical basis built on the theme of the decision-making model of the Brazilian jury, relating it as a constitutional duty to motivate all judicial decisions, it was feasible to outline new ideals for a new decision-making system for the Council of Judgment, through minimum criteria of rationality for its decisions, aligned with the other constitutional guarantees, especially the contradictory, full defense, isonomy, double degree of jurisdiction, due process of law, among others, thus contributing to reduce the spaces of arbitrary exercise and the culture of decisionism on the part of the decisions of lay judges in the Brazilian Jury Court.