A prova em vídeo no júri do sistema criminal brasileiro: um olhar sobre sua aplicabilidade no âmbito do tribunal de justiça do estado do Rio de Janeiro

Abstract

This study aims to analyze the influence of video evidence on jurors’ perceptions in cases tried by the Jury Court. It seeks to understand the relationship between the use of this type of evidence and judicial outcomes, considering its evaluation, application, and the interpretative variations to which it is subject. The methodology adopted was qualitative research, through a case study from the Court of Justice of the State of Rio de Janeiro, where video evidence was present throughout the evidentiary phase and, more prominently, during the jury trial session. The analysis focused on the procedural acts of the case, particularly regarding the presence — or absence — of video evidence in the parties’ statements. The specificities of the case were examined, highlighting the relevance of each statement in relation to the audiovisual content presented. This approach enabled a deeper understanding of the implications and impact of videographic evidence in judicial proceedings, especially in cases involving jury trials. The theoretical framework emphasizes not only the complexity and subjectivity inherent in interpreting videos as objective representations of facts, but also the lack of preparedness in handling this type of evidence. Furthermore, the study presents a historical overview of the jury system, with emphasis on its characteristics in civil law and common law systems. Considering the growing use of videographic evidence, driven by technological advancements, it is essential to critically analyze how the Brazilian judiciary is managing this evidentiary resource. The findings indicate that, despite the presence of video recordings in the case files, there is a lack of discussion about them in procedural documents. Additionally, during the jury trial, video evidence is used without any formal or standardized procedures, hindering its interpretation.