Duration of Jury Trial Proceedings

A Case Study of the Jury Courts of São Paulo’s Capital

Abstract

Contextualization: The length of criminal proceedings, especially in intentional crimes against life tried by the Jury Court, is a matter of great importance in the debate on the efficiency of criminal justice and the effectiveness of criminal prosecution. Problem: An excessively slow jury trial threatens the achievement of constitutional values, the protection of victims, and the maintenance of social expectations regarding the effectiveness of law, warranting an in-depth study of its causes and potential bottlenecks. Objectives: This research aimed to examine the impacts caused by the processing time of homicide cases adjudicated in 2019 by the Jury Courts of the City of São Paulo, as well as to assess whether the duration of the proceedings influences the outcome of the trial. Methods: A quantitative methodology was adopted, based on a sample of data obtained through the Access to Information Act, ensuring the statistical rigor necessary for the analysis. Results: The analyzed data showed that the longer the duration of the proceedings, the higher the probability of acquittal of the defendant or, in cases of conviction, the imposition of a more lenient sentence. Conclusions: The temporal factor plays a particularly relevant role in the outcomes of homicide trials, raising questions about the effectiveness of the bifurcated procedure of the Jury Court adopted in the Brazilian legal system.