"A eloqüência farfalhante da tribuna do júri": o tribunal popular e a lei em Nelson Hungria

Abstract

This article aims to explore the issue of the jury in Nelson Hungria's thought considering the historical context of the transformations suffered by the criminal law institutions during the "Estado Novo"(particularly the laws on the jury and the criminal code - 1940 - and criminal procedure code - 1941) to the post scriptum of the process with the changes brought by the Constitution of 1946 and the law 268 of 1947 and his later writings. The key aspect to be considered in this process is the (in)distinction used by Hungria of the arguments of the criminal-legal technicism in relation to those of criminological positivism depending on historical context.