Análise da insegurança jurídica resultante das decisões judiciais de pronúncia do tribunal do júri nos crimes de homicídio baseadas em elementos meramente informativos do inquérito policial

Abstract

This research analyzes the legal uncertainty resulting from pronouncement decisions rendered by the Jury Court in homicide cases, when such decisions are based on merely informative elements from the police inquiry. The central investigation seeks to determine whether this specific practice violates fundamental constitutional principles, such as adversarial due process, broad defense, and the presumption of innocence, consequently generating significant legal instability. The general objective of the research is to demonstrate this uncertainty, evidencing the limited nature of inquisitorial probative value in contrast to duly judicialized evidence. Methodologically, a qualitative approach is adopted, utilizing bibliographic and documentary research, with in-depth analysis of pertinent doctrines, legislation, and jurisprudence. The research results confirm the initial hypotheses: police inquiry elements, due to the absence of adversarial proceedings, possess restricted informative value and, therefore, are insufficient to substantiate decisions of such gravity as pronouncement. The predominant use of inquisitorial information in pronouncement implies a clear violation of constitutional guarantees, and the in dubio pro societate maxim proves inapplicable, with the principle of presumption of innocence prevailing. In conclusion, legal certainty in criminal procedure is intrinsically linked to the quality of the evidence supporting the pronouncement, making the requirement for a judicialized probative basis essential for ensuring a fair trial.