O processo de tomada de decisão na recusa de jurados do tribunal do júri brasileiro

Abstract

The aim of the study was to analyze criteria adopted by law enforcement officers in the use of unjustified refusals by jurors in jury court sessions in Brazil. Interviews were carried out with eight lawyers with experience in the criminal area and extensive experience in trials by the jury court. A pilot interview was conducted with a script with a semi-structured script about: experience of the jurist in judgments by the jury, method, use of peremptory refusals and eventual regret resulting from the result. The contact with the professionals was made through a telephone call and the interviews were scheduled, which took place in the researcher's office and in the room of the Brazilian Bar Association at the State Court of Justice, during the intervals of the trial sessions. The interviews were recorded, transcribed and content analysis was carried out. All interviewees showed interest in contributing to the research, the daily use of the refusal of judges being unanimous as to select people more apt to judge according to the professional's thesis, resulting in material capable of giving rise to analysis of the results. The following subcategories were found, used by professionals in the jury refusal process: a) gender, b) cultural ideological background of the juror, c) previous experiences of the juror, d) type of crime at trial, e) profile of the person at trial , f) intuition and g) adverse party decisions. Only two of the interviewees said they regret their denials. All said they use intuition as an instrument to refuse jurors and social networks in the search for data that they consider relevant and that can assist in the refusal process.