O excesso de linguagem do juiz de primeiro grau na pronúncia do réu

Abstract

The Excess of Language of the First Degree Judge of the Defendant's Pronunciation demonstrates peculiarities and a series of doctrinal positions in the conjuncture of the legal system. This term relates to the Jury in its jurisdiction of judgments that, according to the legal provisions, the pronunciation must be technically justified, with the main aim of eliminating anticipated attempts of conviction that may harm the defendant at the time of the sentence. Thus, according to the principles of the law, there are two terms that can be based on the magistrates' theory of language. Nullity: absolute and relative. The theme is controversial in the context of the Jury Tribunal, so that the understandings about these two aspects are related to constitutional principles. It can be seen that, in the face of judges' opinions, the theory of absolute nullity is better used, as it is in better agreement with the legal system. The objective of the present work is to describe how the Jury Court works, pointing out the judge's primary participation at the time of the defendant's pronunciation. Thus, we will analyze the level of the problem, and whether this excess can influence and harm the defendant, hurting the principles of law such as broad defense and the presumption of innocence. Keywords: Court of the Jury. Language excess. Absolute nulli