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Controle racional da absolvição pelo Tribunal do Júri: ensaio sobre uma teoria do controle jurisdicional da clemência

2020; Volume: 12; Issue: 2 Linguagem: Inglês

10.54275/raesmpce.v12i2.43

2527-0206

Francisco Elnatan Carlos de Oliveira Júnior, Eduardo Rocha Dias,

Law, Economics, and Judicial Systems

The article analyzes the possibility of appeal by the Public Prosecutor concerning absolution decisions rendered by the jury based on the generic question. The three main trends of understanding that discuss the legitimacy of absolution due to clemency and its control by appeal are studied. The Constitution, through the principle of reasonableness, and the CPP, through arts. 472, 495, XIV and 593, III, d, demand that this verdict must be grounded upon evidences and keep harmony with equity. It is proposed to distinguish between two kinds of clemency: qualified and simple.