PRINCÍPIO CONSTITUCIONAL DA SOBERANIA DOS VEREDITOS NO TRIBUNAL DO JÚRI: possível relativização à luz do Princípio do Duplo Grau de Jurisdição

Abstract

This paper has a central theme the Constitutional Principle of the Sovereignty of the Verdicts in the Grand Jury and its possibility of relativization in the light of the Principle of the Double Degree of Jurisdiction. Therefore, the principal objective of the research is the doctrinal and jurisprudential analysis concerning the possibility of that relativization. The research of the present paper consists in the fact that the autonomy granted to the Sentencing Council of the Grand Jury to judge and decide on certain crimes through the sovereignty of its verdicts, could maybe conflict with the Principle of the Double Degree of Jurisdiction. For that reason, the question that arises is that: “The Constitutional Principle of the Sovereignty of the Verdicts in the Grand Jury should be absolutely applied in each and every case, and the Sentencing Council’s verdict should be respected at all terms, granting it the characteristic of immutability over the Principle of the Double Degree of Jurisdiction?”. That being said, the study addressed, in a general overview, the criminal institute of the Justice Grand Jury, demonstrating its origin in the Brazilian legal system, especially under the its constitutional aspect and its evolution throughout time until nowadays, conceptualizing it under the doctrinal and normative aspect, indicating its jurisdiction and its legal basis. The present study addressed, also, the proceedings of the Grand Jury, listed in the Criminal Procedure Code, from the Summary of Guilt phase (Criminal Charge) to the Judgment of the Cause phase (Grand Jury’s verdict). More specifically, the current paper addressed the constitutional principles applied to the Grand Jury, particularly the Principle of the Sovereignty of the Verdicts, which is the main focus of this research. Lastly, and to accomplish the main purpose of the study, there were demonstrated and analyzed the doctrinal statements and the judicial precedents concerning the proposed theme.