Judgments and the democratic rule of law: On the need to give reasons for decisions of the jury

Authors

  • André Leonardo Copetti Santos Universidade do Vale do Rio dos Sinos - UNISINOS

DOI:

https://doi.org/10.4013/rechtd.2012.42.03

Abstract

The present work aims to investigate the (un)constitutionality of decisions handed down by the Board of Judgment of the jury, based on an analysis constructed through a dialogue between law and philosophy. The central idea of the text is that the decisions of the Board of Judgment, which consist of individual judges’ votes, without any kind of reasoning, consolidate a solipsistic decision-making logic, peculiar to the philosophy of consciousness, which clearly contradicts the democratic model of judicial decision, based on the need for justifying the positions taken at trial.

Key words: sentence, jury, unconstitutionality, lack of explicit reasoning.

Author Biography

André Leonardo Copetti Santos, Universidade do Vale do Rio dos Sinos - UNISINOS

Mestre e Doutor em Direito penal UNISINOS (2004). Professor e pesquisador do PPGDireito/UNISINOS. Consultor "ad hoc" do Ministério da Educação. Advogado.

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Published

2012-09-10

Issue

Vol. 4 No. 2 (2012): July/December

Section

Articles

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