The present article aims to examine the new generic acquittal question introduced by Law No. 11,689/2008 to the proceedings of the Jury Trial, seeking, through an analysis centered on the constitutional principled chain of the People's Court, to achieve the best interpretation to be attributed to it, in order to investigate whether, with the legislative novelty in question, meta-legal acquittal resulting from the new question has become admissible in the proceedings of intentional crimes against life. Alongside the principles that underpin the People's Jury, in addition to seeking to understand whether acquittal based on extralegal elements is legitimate and viable, the level of appealability of this eventual decision will be ascertained, investigating whether the handling of the Appeal recourse substantiated in Article 593, III, "d" of the Criminal Procedure Code could still be used in these occasions and against the aforementioned absolute decrees.
|
