Tribunal do júri e a absolvição baseada no quesito genérico: (in) possibilidade de interposição do recurso de apelação

Abstract

The present work aims to analyze the possibility of filing an appeal against the acquittal decisions issued by the Jury Court, based on the general acquittal requirement provided for in article 483, item III, of the Code of Criminal Procedure, under the allegation of a decision manifestly contrary to the evidence in the file. The study was developed from the legislation relevant to the subject, from bibliographical research, such as books and articles, from doctrinal positions, and notably, from jurisprudence, in particular, from the decisions of the Federal Supreme Court and the Superior Court of Justice. The result of this research, which is based on the respect and guarantee of the constitutional principles assured to the Jury, especially the Sovereignty of Verdicts, is the incompatibility between the institutes presented above, in the face of acquittal based on the generic question that is not linked to the evidence of the records, as it is the result solely of the intimate conviction of the jurors. Therefore, it is concluded that it is impossible to file an appeal against the acquittal based on the generic question.