OS NOVOS PARADIGMAS TRAZIDOS PELA PANDEMIA E ENFRENTADOS PELOS DOUTOS DEFENSORES DO DIREITO NO ÂMBITO DO TRIBUNAL DO JÚRI

Abstract

This article sought to demonstrate the new paradigms that the subjects that make up the Jury's Court faced from a pandemic and unstable scenario like today, because it is known that this procedure has its own rite and judges, represented by lay citizens in law, which in itself already demonstrates its exclusive and unique character. If, on the one hand, jurors represent the maximum expressiveness of a democracy, for imposing judgments on its citizens that are as relevant as intentional crimes against life, on the other hand, it is clear that there is a paradox, since they are people far removed from the law and who become able to judge the most important right that a living individual has, which is his freedom. This scenario is recorded when analyzed from the perspective of sanitary imposition of the use of masks and social distance on the tribune, preventing orality and expressiveness from being explored. Thus, it was intended to highlight important aspects and new procedures listed, in order to highlight positive and negative points arising from the pandemic, within the Criminal Justice itself within the jurisdiction of the Jury Court. Therefore, it is clear that the pandemic and its restrictions brought about numerous conditions that mainly harmed the defendant, first because the use of the mask prevents any emotional facial representation, as well as alters the intonation of the voice and muffles the oral resources that could be used there in favor of this. Likewise, the minimum distance required prevents warm contact between the defense and the jurors, capable of providing the defendant with an acquittal, since what is under analysis is not the established law, but the exposed facts.