JURY COURTTHE: THE SIMILARITIES AND DIFFERENCES BETWEEN THE BRAZILIAN JURY AND THE NORTH AMERICAN JURY IN LIGHT OF THE PROBLEM OF JUSTICE

Abstract

The Jury Tribunal is one of the main institutions in various democratic legal systems, such as in Brazil and the United States. The jury is an institution that originated in the 13th century in England. Since its creation, the understanding has prevailed that jurors decide on the conviction or acquittal of the defendant, and this decision does not require justification. The plenary session is presided over by a judge who oversees the proper conduct of the proceedings in accordance with the relevant legislation. In this research, we will analyze the similarities and differences between the Brazilian and U.S. Jury Tribunals, examining how each system addresses the principle of justice. The main issue to be investigated is how the Brazilian and U.S. jury systems deal with the challenges of justice and its corollaries, such as impartiality, fairness, and representativeness, and how these approaches impact the administration of justice. The cultural and social differences between the two countries may significantly affect the structure and functioning of the Jury Tribunal, as the decisions of a lay court are laden with subjectivity. This research will use a comparative approach, evaluating legal documents, academic studies, and doctrines related to the proposed topic.