A postura do juiz no júri brasileiro

Abstract

This study analyzes the role of the judge presiding over a jury trial by first exploring the origins of the jury trial in the world, its introduction into the Brazilian legal system, and the constitutional underpinnings thereof, which is then followed by a discussion of the judge s role throughout history from both a legal and psycho-analytical perspective. Thereafter, a description is provided of the various means of communication to be used or avoided by a magistrate during all procedural stages and particularly at trial so that the jury panel (in Portuguese, Conselho de Sentença) is not impeded in its decisionmaking process. Consisting of seven layperson members, the jury panel passes judgment on those crimes committed against a person s life. Following this discussion, the analysis turns to focusing on the tasks, powers and limitations imposed upon the magistrate by law. Finally, certain indispensable characteristics of a judge are detailed, such as the modesty needed to accept a verdict issued by layperson jurors with which the judge may not necessarily agree, but which he or she must nonetheless try to understand since the decision reflects the sense of justice and values intrinsic in society