Judgment By the Court of Justice: procedure, discussions and apart

Abstract

This article examines the salient aspects of the trial procedure by the Jury Tribunal, especially in relation to the debates and the apart. It investigates the historical evolution of the Jury from its origin to the Federal Constitution of 1988. It discusses the English and French systems that guide the functioning of the Jury's Court and about the competence attributed to it over the years. It deals with the constitutional principle of the plenitude of the defense, structurant of the jury, and performs its comparison with the ample defense. Find out the procedure for judging intentional crimes against life in the two procedural stages. It analyzes the stage of the debates at the trial session and the way they are developed. It investigates the legal institute of the apart and the modalities provided in the legislation in force. Affirms the recommended posture to the speakers during the apart and studies the action of the Judge-President and the measures that can determine, including in what concerns to the addition of time to the speech of the aparteado. Finally, it verifies the occurrence of nullities during the exercise of the apart.