Decisão de pronúncia : excesso de linguagem judicial x imparcialidade

Abstract

In the case of a Jury Court, unlike sentences in common rites, the pronunciation is a mixed interlocutory decision, not terminative, which only verifies the admissibility of the accusation. The legal language used by the judge must be restrained, refraining from excesses, adjectives, certainties and judgment of merit, under penalty of nullity of the decision-making act.The excess of language and the partiality of the Judge when pronouncing the accused disrespects the limits that should guide the jurisdictional activity of the first phase of the Jury, influencing, improperly, in the conviction of the jurors and making impossible the full exercise of the defense in the constitutional molds.