Henry Borel: understand when a Jury Court can be annulled

The trial that resulted in the sentencing of Dr. Jairinho to 43 years, 9 months and 20 days in prison and the recognition of Monique Medeiros' criminal responsibility for omission in the face of the attacks suffered by Henry Borel ended one of the most high-profile criminal actions in the country.

Despite the verdict given by the Sentencing Council after 11 days of sessions, both the conviction and the other points of the sentence can still be submitted for analysis by the appeals bodies, within the limits provided for by the Code of Criminal Procedure.

This is because Brazilian legislation allows appeals against Jury Court decisions in specific cases. Although the Federal Constitution ensures the sovereignty of verdicts, the result of the trial may be subject to the control of the courts when there are procedural defects or situations expressly provided for by law.

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When a Jury Court judgment can be annulled
It is first important to understand that the Jury Court has constitutional protection provided for in article 5, item XXXVIII, of the Federal Constitution. Among the guarantees guaranteed to the institute is the so-called sovereignty of verdicts, a principle according to which the decision taken by jurors must be respected by the Judiciary.

In practice, this means that judges and ministers cannot simply replace the jury's conclusion with another that they consider more appropriate.

Sovereignty, however, does not make the judgment immune to appeals. The legal system itself provides control mechanisms to verify whether the decision was made within legal and constitutional limits. The hypotheses are mainly provided for in article 593, item III, of the Code of Criminal Procedure.

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One of the possibilities occurs when there is nullity subsequent to the pronouncement, that is, some relevant procedural defect arising after the decision that referred the defendant to the Jury Court. An appeal may also be made when the presiding judge's sentence expressly contravenes the law or when there is an error in the application of the sentence.

Another hypothesis frequently discussed in high-profile trials is the allegation that the jurors' decision was manifestly contrary to the evidence in the case.

In these cases, the court does not directly condemn or acquit the accused. If you understand that there is an obvious incompatibility between the evidence and the verdict, you can order a new Sentencing Council to analyze the case again.

What can be questioned in the Henry Borel case
Both the defense and the prosecution have standing to appeal.

In Jairinho's case, the defense may question aspects related to the trial, the recognition of qualifications, the conviction for the crimes charged and the dosimetry of the sentence set by the judge.

In fact, Fabiano Lopes, Jarinho's lawyer, said he had never seen such a bizarre trial in his entire life. After the conviction, the defense gave an interview to the press and stated that during the entire 11 days of the jury there were several nullities, and therefore, "there is no doubt that the jury will be nullified".

The Public Prosecutor's Office and prosecution assistance can present appeals against points in the verdict that they consider legally wrong.

One of the discussions that may arise involves the situation of Monique Medeiros. The jurors downgraded the charge from intentional homicide to manslaughter, recognized their responsibility for omission in the face of the attacks suffered by Henry and, subsequently, judge Elizabeth Machado Louro granted judicial pardon in relation to the manslaughter.

Possible appeals may discuss both the disqualification promoted by the Sentencing Council and the legal foundations adopted in the sentence.

Jurors' decision cannot be reformulated without another Court
As a rule, the court cannot simply change the jurors' decision.

The sovereignty of verdicts prevents the court from replacing the Sentencing Council's conclusion with another decision on the merits.

For this reason, when it recognizes that the verdict is manifestly contrary to the evidence, the court normally orders a new trial before another panel of jurors.

The objective is to preserve the constitutional competence of the Jury Court to decide issues related to authorship, materiality and criminal responsibility.

Annulment does not mean acquittal
Even when an appeal is accepted and the trial is annulled, this does not automatically result in the acquittal of the accused. In these situations, the most common effect is the determination that a new Jury Trial be held, with the formation of another Sentencing Council and repetition of the trial stages.

Only in specific cases related to procedural nullities, strictly legal issues or review of the dosimetry of the sentence can the court modify part of the sentence without the need for a new jury.

Thus, although the trial of the Henry Borel case has come to an end in the first instance, the process can still be analyzed by the Court of Justice of Rio de Janeiro if appeals are presented by the parties.

Source: CNN