TRIBUNAL DO JÚRI: Como funciona? | Aula 02 | Sumário da Culpa - PROCESSO PENAL

Summary

In this video, Ana explains the first phase of the Brazilian **Tribunal do Júri** (Jury Court) procedure, focusing on the **sumário da culpa** (preliminary phase). She outlines how the criminal investigation begins, the role of the prosecution, and the steps involved in presenting the case in court. Ana describes the process of the accused being summoned, presenting their defense, and how the judge decides whether the case should go to trial by jury, dismissed, or acquitted. The lesson also includes insights into the **pronúncia**, **impronúncia**, and **absolvição sumária** decisions. Viewers are encouraged to subscribe for more lessons on criminal law procedures.

Takeaways

• 😀 The Jury procedure is bifurcated into two phases: the summary of guilt phase and the trial phase in the courtroom.
• 😀 The summary of guilt phase is similar to the ordinary procedure in criminal cases, involving a police investigation, gathering evidence, and determining the suspect's identity.
• 😀 If there is sufficient evidence, the prosecution files charges, and the court process begins, including the defendant being summoned to respond to the accusation within 10 days.
• 😀 The defendant can present their defense and call up to 8 witnesses during the response phase, or the court will appoint a defender if no response is made.
• 😀 After the defense presents its case, the judge will hear from the prosecution on any preliminary issues before proceeding with the trial.
• 😀 The trial includes several procedural steps: victim’s statements, witnesses for the prosecution, defense witnesses, expert testimonies, recognition of individuals or items, and the defendant's interrogation.
• 😀 After evidence collection, oral arguments are made by both the prosecution and defense, each getting 20 minutes, extendable by 10 minutes.
• 😀 After the debates, the judge may decide immediately or in writing within 10 days whether to pronounce the accused guilty, dismiss the charges, or reclassify the crime.
• 😀 A pronouncement means there is sufficient evidence for the accused to be judged by the jury, even if there is not absolute certainty about their guilt, which aligns with the principle 'in dubio pro societate' (in doubt, for society).
• 😀 If no evidence supports the crime or the accused's involvement, the judge may issue an acquittal or decide not to proceed with the case without a jury trial.
• 😀 The judge can dismiss the case outright if it’s proven that no crime occurred, the accused was not involved, or if a legal reason exists for the defendant's exemption from punishment.

Q & A

What are the two main phases of the Tribunal do Júri process?

The Tribunal do Júri process consists of two main phases: the 'sumário da culpa' (summary of guilt) and the 'julgamento em plenário' (trial in plenary).

What happens during the 'sumário da culpa' phase?

The 'sumário da culpa' phase involves the preliminary investigation of the crime, including the gathering of evidence, the indictment by the prosecution, and the defendant's formal response. It is similar to the ordinary criminal procedure, and the judge will decide whether the case should proceed to trial or be dismissed.

What does 'pronúncia' mean in the context of the Tribunal do Júri?

'Pronúncia' refers to the decision made by the judge when there is sufficient evidence to charge the defendant, sending the case to be judged by the jury. It is not a final verdict, but rather a formal charge based on the available evidence.

What happens if the judge decides on 'impronúncia'?

'Impronúncia' occurs when the judge determines that there is insufficient evidence to charge the defendant. This decision means that the case will not proceed to trial.

What is the difference between 'pronúncia' and 'absolvição sumária'?

'Pronúncia' sends the case to the jury for a final decision, whereas 'absolvição sumária' is when the judge dismisses the charges outright due to evidence proving the defendant's innocence or the existence of a legal defense.

What is the purpose of the 'audiência de instrução' in the Tribunal do Júri process?

The 'audiência de instrução' is the hearing where the judge collects testimony from witnesses, including both the prosecution's and the defense's witnesses, as well as any expert reports. It helps establish the facts of the case before the judge makes a ruling on whether to proceed with the trial.

What happens during the debates oral phase of the trial?

During the 'debates orais', both the prosecution and defense present their arguments. Each party is typically allotted 20 minutes for their argument, which can be extended by an additional 10 minutes. This is an opportunity for both sides to make their case before the judge decides on the outcome.

When can the judge issue a ruling in the 'sumário da culpa' phase?

The judge can issue a ruling at the conclusion of the 'sumário da culpa' phase, either in the same session or within 10 days, deciding whether to send the case to trial ('pronúncia'), dismiss the charges ('impronúncia'), or issue a summary acquittal ('absolvição sumária').

What does 'absolvição sumária' imply for the defendant?

'Absolvição sumária' implies that the judge has found sufficient evidence to prove the defendant's innocence or that there is a legal reason why the defendant cannot be convicted. This decision ends the case in favor of the defendant, with a final judgment that prevents future prosecution on the same matter.

What is meant by 'desclassificação' in the Tribunal do Júri process?

'Desclassificação' occurs when the judge determines that the crime the defendant is charged with is not a doloso crime against life (intentional homicide), but a different type of crime. The case is then transferred to the appropriate court for prosecution.