SOBERANIA DOS VEREDICTOS: A relativização do princípio da soberania dos veredictos no rito do tribunal do júri

Abstract

The principle of the sovereignty of verdicts is applied in all legal proceedings that follows the rite of the jury court, which means that in the trial session the verdict delivered by the Jury Sentence Committee must be respected by the Presiding Judge, who isn’t allowed, even if not agreeing with it, to give a different thecnical application when sentencing than what was decided by the jurors. This principle is also applied to the judgements given by higher courts in appeal processes. However, sometimes this principle is put in perspective because ocasionally it colides with other major jury court principles. Thus, a detailed analysis about this principle was carried out, observing carefully its concept, what legal scholars say about it, significant decisions of higher courts and taking a look at a specific case. The debate about the relativization of soveregnty of verdicts is a pertinent topic to our legal framework in the sense of questioning if it goes against precepts and fundamental warranties that are assured by the Brazilian Federal Constitution of 1988. This discussion is extremely important because it will investigate in detail if allowing the relativization of this constitucional principal is positive for the society and for the defendant.