THE JURY COURT AND PROCEDURAL NULLITIES, A POSSIBLE (IN) SECURITY: ANALYSIS ON THE BOATE KISS CASE

Abstract

THE PRESENT STUDY DEALS WITH INVESTIGATING THE (IN) SECURITY INSTITUTE OF THE POPULAR JURY REGARDING THE OCCURRENCE OF PROCEDURAL NULLITIES. THE POSSIBLE EXISTENCE OF WEAKNESSES AND THEIR IMPACT ON JUDICIAL PROTECTION ARE QUESTIONED. THE GENERAL OBJECTIVE IS TO ANALYZE SUCH A SPECIAL RITE OF THE JURY COURT, THE NULLITIES IN SUCH A PROCEDURE FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW, VERIFYING THE EXISTENCE OF A POSSIBLE VULNERABILITY OF SUCH SPECIAL PROCEDURE IN RELATION TO NULLITIES, IN ADDITION TO UNDERSTANDING THE PROCEDURAL NULLITIES DECLARED IN THE CASE OF BOATE KISS. THE SPECIFIC OBJECTIVES ARE TO STUDY THE RELEVANCE OF THE POPULAR JURY IN THE BRAZILIAN PENAL SYSTEM, TO UNDERSTAND AND SPECIFY THE PROCEDURAL NULLITIES IN SUCH AN INSTITUTE. THE METHODOLOGY USED WAS BIBLIOGRAPHICAL RESEARCH AND CASE STUDY. THE RESEARCH WAS STRUCTURED IN THREE TOPICS, THE FIRST BEING ABOUT THE JURY TRIAL, ITS HISTORICAL CONTEXT AND GUIDING PRINCIPLES AND HOW THEY ARE APPLIED. IN THE SECOND TOPIC, IT ANALYZED THE NULLITIES IN THE JURY COURT, INCLUDING ITS GUIDING PRINCIPLES AND OCCURRENCE. FINALLY, THE STUDY OF THE CASE OF BOATE KISS WAS CARRIED OUT, SHOWING THE NULLITIES THAT LED TO THE ANNULMENT OF THE JURY. STILL IN THE THIRD TOPIC, THE RELEVANCE OF PROCEDURAL NULLITIES AND THE VALUATION OF THE POPULAR JURY IN THE DEMOCRATIC STATE OF LAW WAS DISCUSSED. IT IS CONCLUDED THAT, DESPITE THE CHANGES BROUGHT ABOUT BY LAW N�º 11.689/2008 AND LAW N�º 13.964/2019, THE JURY COURT LACKS SIGNIFICANT LEGISLATIVE CHANGES CAPABLE OF ADAPTING THE PROCEDURE TO REALITY, A FACT THAT MAKES IT PRONE TO THE OCCURRENCE OF PROCEDURAL NULLITIES.