A aplicação do princípio in dubio pro societate na decisão de pronúncia e seus desdobramentos no procedimento do Tribunal do Júri.

Abstract

In criminal proceedings there is an agreement that, in doubt, must be decided in favor of the defendant. As regards the majority of the country's case-law, the case-law establishes that, having evidence of materiality and indications of authorship, it is decided in favor of the society and pronounces the accused in the name of the fictitious principle in dubio pro societate. The consequences for progress are countless, producing effects until the end of procedure in plenary. The jury is a constitutional guarantee, as well as a presumption of innocence, and in this sense, it is necessary that an action be directed towards the pursuit of a judicial process. To this end, the study aims to point out the effects of the indiscriminate application of the principle of the accession decision at the time of jury verification. It is concluded that a review of the evaluation of the evidence at the stage of the pronouncement, an end to the judgment of a judge, and the knowledge of the jurors about the procedure, and especially the indiscriminate use of the principle, aiming at arbitrariness and unfair convictions.