Criminal Non-Imputability before the Jury Court: A Constitutional Approach to the Acquittal Question

Abstract

In Brazilian positive law, crimes against life are subject to a special procedural regime, with constitutionally assigned jurisdiction to the Jury Court. Following the enactment of Law No. 11,689/2008, the mandatory question submitted to the jury sought to encompass all acquittal defenses. This study addresses the argument of the defendant’s criminal non-imputability before the jury panel and the need to further specify the acquittal question in order to ensure the dual guarantee represented by the jury system: that individuals accused of crimes against life are judged by their peers, and that the people exercise sovereign authority in adjudicating such offenses.