The Acquittal Question: Controversial Aspects Introduced by Law No. 11,689/2008

Abstract

This study aims to analyze the changes introduced by Law No. 11,689/2008, which reformed jury trial procedures, with particular emphasis on the inclusion of the acquittal question; it provides a brief historical overview of the European jury system and the current structure of the institution in Brazil; it also compares the procedure originally established in the Code of Criminal Procedure with that introduced by the reform, especially regarding the formulation of questions submitted to jurors; in addressing the acquittal question, the study highlights the difficulties faced by the prosecution, particularly in cases where the defense relies solely on denial of authorship, such claim is rejected by the jurors, yet the defendant is acquitted, raising debates on the mandatory nature of the acquittal question; finally, the article presents selected precedents from state courts to guide legal practitioners until the Superior Court of Justice establishes a definitive interpretation.