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Based on the sovereignty of verdicts, it is stated in article 483, paragraph 2, that if the jurors answer the first two questions (materiality and authorship) positively, the jury must be asked whether or not to acquit the accused. If they acquit, the questioning is closed. If the jurors decide to convict, the trial continues.

 

For the rapporteur, if the jurors acquit, there is no reason to continue with the questioning and, if they acquit, the procedural rule of the CPP cannot be applied , according to which the Jury is nullified when the decision is manifestly contrary to the evidence in the case.

 

The first decision, based on the sovereignty of verdicts, did not deserve censure. The TJ could not take advantage of that decision and assume that only a negative response would be sufficient.

 

Thus, the order was granted. Ministers Dias Toffoli and Rosa Weber followed the rapporteur's understanding.

 

In supporting Marco Aurélio's arguments, Minister Dias Toffoli highlighted that he is against the Jury Court, but that, as a magistrate, he could not deviate from what is in the Constitution.

 

With the robe that I have on my shoulders, I warned that this is a dysfunctional institution. It would be better if intentional crimes against life were tried by judges in robes, and that we did not have the costs and bureaucracy of the Jury Court. Now, with the pandemic, see how difficult it is to hold the Jury Court. The reports are disgusting, but the Jury has sovereignty and we have to respect it, whether to convict or to acquit.

 

Rosa Weber emphasized that this is a very delicate situation, but that while the Supreme Court does not define whether the court can order a new jury for a defendant acquitted against the evidence in the case, a subject of general repercussion of ARE 1,225,185 , His Excellency will continue to decide on the prevalence of the constitutional norm.

 

Femicide

 

When opening a divergence, Minister Alexandre de Moraes highlighted that the case is an attempted feminicide,  one of the most serious crimes that the Penal Code provides for and, unfortunately, Brazil is the champion of feminicide, due to an extremely sexist culture and disrespect for women .

 

For His Excellency, by allowing a new analysis, the group would be ratifying the generic requirement contrary to the evidence in the records of legitimate defense of honor,  which until 10 years ago in Brazil was what most absolved violent men who killed their wives, girlfriends and partners .

 

Moraes also highlighted that there would be no illegality in the fact that the TJ/MG understood that the decision was contrary to the evidence in the case, since the patient himself admitted to having tried to kill his wife.

 

If the new Jury continues with this understanding, there is nothing that can be done, but a jury body should not be transformed into an unassailable power, without any possibility of review.

 

Therefore, he voted to deny the order.

 

In line with Moraes arguments, Minister Luís Roberto Barro was emphatic in saying that  I would not like to live in a country where men could kill their wives out of jealousy and get away with it .

 

If the Jury has an outburst of machismo or primitivism and acquits someone, can't the Court review and ask for a new Jury to revalidate? Not have a chance to review a situation in which a man confessedly tries to kill his wife with a knife?

 

Barroso highlighted that the main role of Criminal Law is general prevention, that is, making people fear committing crimes due to the likelihood of being punished.

 

 link: https://www.migalhas.com.br/quentes/334107/stf--homem-absolvido-apos-confessar-tentativa-de-feminicidio-nao-passara-por-novo-juri