A decisão de pronúncia fundada no princípio do in dubio pro societate durante o rito do tribunal do júri brasileiro

Abstract

In the apparent conflict between the right to concrete individual freedom and the right to abstract collective freedom, which should prevail? What legal solutions found in the lines and between the lines of the criminal procedural system are capable of resolving the issue of judicial doubt? Is there really a first-generation principle held by the collectivity? The present work proposes - more than solving some of these questions - to bring up the debate about the crystallization of the supposed principle of in dubio pro societate in the superior courts, which spreads throughout the system, before which, the jurist and, especially the scientist, must, as such, initially question himself, then disagree with what is being presented so that, only if scientific support is found, he can attest to the thesis. For this, the work begins with the historical position of the jury and the pronunciation and with the location of related devices, starts with the analysis of the literature and jurisprudence, then concludes by analyzing the situation of the supposed principle at the core within the Brazilian legal system and its coexistence with the other principles that surround it. From the forensic routine to the jurisprudential analysis of the most important courts (STF and STJ) on the matter, this work always goes through a bibliographical review and documental analysis of normative instruments, in order to obtain a succinct analysis of the advances, paths and perspectives of the application of the principle in dubio pro societate in the rite of the Brazilian Jury Court.