Challenges in Applying the Principle of Presumption of Innocence in Jury Court Cases

Abstract

This article discusses the challenges in the application of the principle of presumption of innocence with regard to cases tried in the popular jury plenary. The historical origin of the Jury Court was also addressed, as well as outlining the historical context of this institute in Brazil in line with the current legal system. The cases in which this principle will be applied are extremely important, given that the fullness of defense is supported by the Magna Carta in cases where the trial will be made by the people. As methodology, this article is characterized as an explanatory research, whose method and approach is deductive and qualitative, respectively. In the case of the research technique, bibliographical research was used in order to deepen the knowledge on the specified topic. In this sense, it is recognized the importance of the Jury Court and consequently, the popular participation in what concerns the Democratic State of Law, being one of the pillars. However, individual rights must also be observed and through this, the article explained what could be questioned in plenary and even after decisions that hurt this fundamental precept.