A incomunicabilidade dos jurados no tribunal do júri brasileiro: perspectivas para uma reforma legislativa sob a ótica do modelo americano

Abstract

The present article aims to analyze the effectiveness of the sequestration of the jury in the Brazilian Jury Court, as provided for in Article 466 of the Code of Criminal Procedure, from the perspective of the American model. Additionally, it investigates the feasibility of legislative reform in contemporary times. The study is based on bibliographical research, highlighting the characteristics and peculiarities of the Jury Court in both the Brazilian and American systems, and how the practice of jury sequestration influences a verdict based on intimate conviction, directly affecting the impartiality of the judgment. In this context, there will also be a historical overview of the creation of the Brazilian Code of Criminal Procedure, emphasizing its authoritarian and undemocratic nature originating from the Vargas era and influenced by the Rocco Code. Finally, a critical analysis will highlight the negative impacts of jury sequestration, proposing a reflection on a possible legislative amendment to Article 466 of the Code of Criminal Procedure, necessary to align the institution with the current democratic principles and fundamental rights guaranteed by the Brazilian Constitution. In summary, the present article suggests a legislative reform that allows the coexistence of the secrecy of votes with the free communication of jurors, contributing to a fairer and more impartial trial