JURY COURT: THREE EMPIRICAL PROBLEMS IN THE LIGHT OF DEMOCRATIC AND INFORMATIONAL SOCIETIES - DOI: 10.12818/P.0304-2340.2025v87p147

Abstract

This article defends the continuation of the Jury Court as an instrument of representation of the People in the Judiciary as long as three practical problems are resolved: the undemocratic blindness of the draw, the incompleteness of procedural information and the lack of knowledge of the jurors' legal knowledge. The blind draw denies the representativeness and turnover of social plurality; the incompleteness of the procedural information imposes a veil of ignorance on the juror’s eyes with the expectation of guaranteeing the confidentiality of the process and the neutrality of the trial, imitating the look of the Goddess of Justice; The juror’s lack of knowledge of legal knowledge in turn facilitates the infiltration of various popular myths that undermine the legitimacy and modernity of the trial. Considering this critical diagnosis, the specific objective of this article is to propose two corrective strategies that aim to pluralize the composition of the Jury Court and optimize the jurors' legal information. The aim of this article is to improve the practice of the Jury Court in the light of Democratic and Informational Societies.

KEYWORDS: Jury Court. Information Society. Democratic Society. Blind draw of jurors. Constitutional expectations. Myth of procedural ignorance.