TRIBUNAL DO JÚRI: ESTUDO SOBRE A EVENTUAL ADMISSIBILIDADE DA APLICAÇÃO DO IN DUBIO PRO SOCIETATE NA DECISÃO DE PRONÚNCIA

Abstract

To understand and explain the current situation of "in dubio pro societate" in the pronouncement decision, this article's main scope is the analysis of the mentioned legal concept, particularly regarding the potential conflict between "in dubio pro societate" and the constitutional principle "in dubio pro reo" in the proceedings of a Jury Trial, as well as its true legal nature. Thus, it is understood that "in dubio pro societate" initially emerged as a means to ensure the constitutional competence of the Jury Panel, constituting a limitation on the pronouncement decision as an admissibility judgment rather than one based on merit. However, due to criticisms from legal theorists, it is also questioned whether the potential application of "in dubio pro societate" could coexist with "in dubio pro reo." Additionally, this study aims to examine the positions of the Supreme Federal Court, Superior Court of Justice, and the State Court of Mato Grosso do Sul regarding "in dubio pro societate" in the pronouncement decision. Thus, this study aims to analyze, using deductive methods and qualitative bibliographic and jurisprudential review methodology, especially in the collective decisions of the mentioned collegiate bodies, the issues surrounding the admissibility of "in dubio pro societate" in the proceedings of a Jury Trial, especially in the pronouncement decision.