- TEACHING METHOD: simulation, via the performance of a simulated jury

- PREPARATION: In relation to the students directly involved in the activity of the simulated jury, it was suggested, as a preparatory complementary bibliography:

a) Ardaillon, Danielle. Quando a vítima é mulher. Brasília: Conselho Nacional dos Direitos da Mulher, 1987.

b) Badaró, Gustavo. Processo penal. Rio de Janeiro: Elsevier; 2013.

c) Fernandes, Antonio Scarance. Processo penal constitucional. São Paulo: Revista dos Tribunais, 2010.

d) Lopes Jr., Aury. Direito processual penal. São Paulo: Saraiva, 2013.

e) Vieira, Ana Lúcia Menezes. Processo penal e mídia. São Paulo: Revista dos Tribunais, 2003.

In relation to the professor, the preparation began two months before the semester with the rereading of the book "Don Casmurro", made by the coordinator professor,. From this rereading, it was developed a general program of activities. During the same period, there were kept talks with the contributors’ professors in order to evaluate the possible hypotheses of the fictional script.

- DEVELOPMENT OF THE DYNAMICS: the dynamic was developed in 8 steps:

1^st step: presentation of the project, the indication of the evaluation parameters, registration and draw for interested students.

At the inaugural class of the second semester of 2014, it was presented to the students the proposal to make a complementary activity, replacing the 1^st semester evaluation, consisting in the realization of the simulated jury and whose case was based on the fictional script, that would be developed for them, and was inspired by the classic "Don Casmurro", by Machado de Assis.

On that occasion, the general guidelines were indicated: a) formation of a group of students who would be in charge of preparing the script and also for the realization of all other procedural process acts, thus playing the role of justice clerks; b) draw of two students who would assume the role of the prosecution and two others who would assume the role of defense; c) draw two other students who would play the role of witnesses; d) formation a "General List of the Jurors" composed by students interested in performing the function of the Board of Judgment members.

The student division planning was done as per the following:

5 students – They were responsible for the Working Group that prepared the fictional script and then took the condition of clerks of Justice, preparing the plenary session and participating in its the performance of official acts, including the secret room.

2 students – They played the role of the Prosecutors

2 students – They played the role of the defense lawyers

1 student – He played the role of Bentinho (defendant)

1 student – He played the role of José Dias (witness and book character)

1 student – He played the role of the police agent (fictional character created for the activity)

25 students – They came to the plenary session, when seven were drawn to the composition of the Board of Judgment. The others remained following the session.

TOTAL: 37 students

 

2^nd step: the proposal presentation to the São Paulo Court of Justice and to obtain support for the project.

The project was presented to the president of the São Paulo Court of Justice, who expressed support.

Your Honor Law Judge, Dr. Marcus Manhães Bastos, who has an extensive experience in the Jury Court in the District of São Paulo, was invited to chair the simulated session and also to guide in advance the students about the conduction of the work session by visiting prior to the III Jury Court of the District of São Paulo.

 

3^th step: the development of "expert reports" together with collaborative Professors

After meetings with Professors Henry Caivano, Professor of Law Medicine at the USP Law School, and Professor Sandra Regina Chaves Nunes, Literature professor at FAAP, it was established the elaboration of two expert reports that would instruct the process files.

Prof. Henrique was responsible for the presentation of the autopsy reports that attest that the conditions under which Capitu’s body would have been found, indicating also the "cause of death". It was decided that death would have happened due to arsenic poisoning, a common substance at the time of the facts.

Professor Sandra was responsible for the elaboration of a psychological profile report of the central characters (Bentinho and Capitu). In addition, there were meetings with the activity’s responsible professor to determine the main points that would be highlighted from each character and that could be explored with relative freedom by the students.

It was also agreed that both professors would provide clarifications on the Jury Court session, on the conditions of experts. The content of the reports would only be known during the session itself.

 

4^th stage: preparation by the students of the script and preparation of the main procedural parts. Duration of 30 days

Assuming the "literary freedom", the students randomly selected to compose the working group drew up a fictitious script involving the death of the Capitu character, appearing as a suspect, Bentinho, looking for the following guidelines.

a) Delimitation of a dubious area between the passionate homicide and suicide, considering the conclusion of the autopsy report that was prepared;

b) Analysis and exploration of the moral context of the carioca society in the second army headquarters of the XIX Century, especially the social status of women;

c) Analysis and exploration of the psychological profile of the characters;

d) Analysis and exploration of the case by the mass media existing at the time of the events;

e) Taking as its premise the fact that "Don Casmurro" was actually a diary written by the own character Bentinho, who had been seized by the police during the investigation of Capitu’s death. The aspects should be raised and contain the safeguarding of privacy and that could be exploited during the judgement;

f) Facing the following procedural question: the facts took place in Rio de Janeiro. How could he be judged in São Paulo?

g) Elaboration of the main procedural parts: pronunciation decision, Bentinho interrogation term; Witness testimony term/character of José Dias; testimony term of the police officer who found the Capitu’s body and elaborated a report that would be read by the President Judge during the judgement session;

h) During the preparation of the procedural documents, especially Bentinho’s term of interrogation and testimony of José Dias, the students were oriented to remain faithful to the characteristics and psychological traits of the characters;

i) A periodical preparation that promoted, for the entire University, major bids and investigation of the process. In order to do that, they should make historical research that raised the newspapers printed in the late XIX Century, taking special caution with the layout and form of exposure of the news.

j) Use of social media to publicize the simulated jury.

During this fourth phase, students were accompanied by the advisor professor in person and virtual meetings. In parallel, during regular classes, the students were introduced to the theoretical aspects related to the second phase of jury procedure.

 

5^th stage: Presentation, to the other students participating, of the script and the main parts.

In a face meeting, the material produced by the working group was officially presented to the students responsible for the prosecution, to the defense, to the student playing Bentinho (defendant) and to the two witnesses. It was asked to everyone to keep the details of the script in secret to preserve the "impartiality" of the jurors.

The students responsible for the defense were oriented to keep constant contacts with the "defendant" during the preparation of the defense, thus, assuming the role of true defenders. The judgment date was scheduled for October 10^th.

 

6^th step: Preparation of the judgment session with the realization of the relevant procedural acts.

The working group, which had been responsible for the preparation of the script and for the main terms of the process, began to prepare the session of the jury court, noting, therefore, the provisions of articles 422/426 and 432/435 from the Code of Criminal Procedure. Thus, based on the "General List of Jurors", it was held the draw of the 25 jurors, ten days before the judgment, where all were formally intimated. Also, there were made the intimation of the parties and witnesses enrolled.

At this stage, the Working Group was called to be at the court of the IV jury of the Capital District, in order to monitor the work of a plenary session. At that time, they were guided by Dr. Marcus, who later chaired the session of the simulated jury.

Even at this stage, the Working Group has produced two season newspapers with news concerning the conduct of the investigation and of the process. The newspapers were distributed to the university students.

In order to encourage the interest of other students who did not take a direct part of the simulated jury in the studying of the Jury Court, it was determined the obligated reading of the following books/texts:

a) FAUSTO, Boris. O crime do restaurante chinês. São Paulo: Companhia das Letras, 2009.

b) FRANCO, Ary. O juri no Estado novo. São Paulo: Saraiva, 1939.

c) Projeto do Código de Processo Penal. O procedimento do júri.

The intention was to provoke on the other students, a critical analysis of the development of the Jury Court procedures in the recent history of the Brazilian penal procedure. The book by Boris Fausto is an emblematic case occurred in the city of São Paulo in the 40’s. Reading the book of Ary Franco serves as a theoretical framework for understanding the procedural law in the temporal context in which it developed the case discoursed by Boris Fausto. Finally, the project examination of the new Penal Process Code would indicate the changing trends of the Jury Court. The reading of the three texts, in addition to the study of current legislation, allowed the students to have an evolutionary historical view of the Jury Court in the Brazilian law. This view was completed with the accompaniment of the simulated jury played by other students.

 

7^th stage: orientation of students in charge of playing the role of Bentinho (defendant), José Dias (witness) and the police agent (witness).

These students received guidance from the responsible professor for the activity as well as to the performance of the plenary session of the jury.

 

8^th step: conducting the judgement - Duration: Six and a half hours.

It took place on October 10^th, at the Grand Hall of the Law School of the São Paulo University. There was press coverage of the Justice Court of the São Paulo State; the public was estimated at around 250 people.

All these acts of a plenary session of the jury were performed:

a) draw of the jurors and composition of the Judgment Council

b) Oath taking

c) Reading of the report prepared by the students

d) Explanations given by experts (Collaborative Professors)

e) Taking the witness statements

f) Interrogation of the defendant

g) Debates

h) Reply and Rejoinder

i) Reading questions

j) Voting in the secret room

l) Reading of the sentence in the plenary

 

POSITIVE/NEGATIVE SURPRISES

 1. The result exceeded all the best expectations. The involvement and commitment of the students were the highest possible. There was also substantial interest of the students who were not drawn;

2. The experience went beyond the narrow scope of students’ class in which it was projected. The students were able to stimulate the interest of students from the students of the University;

3. The successful experience will be replicated, with the adoption of new literary work.

 

- ATTENTION IN THE CLASSROM:

1. Early project preparation, with identification of the inspiring work;

2. Early identification of supporting works in other areas of knowledge that could serve as support for the development of the work by the students;

3. Realization of continuous monitoring and preparation meetings with students and other collaborative professors. All students involved in the activity of the simulated jury had to follow a real judgment session to observe, carefully, the performance of the role and the function performed by each procedural actor;

4. Continuous monitoring of the development of each stage of the process;

5. Achievement of support from the São Paulo Justice Court to publicize the event and magistrate indication that could preside over the simulated session;

6. Final meeting, after the plenary session to evaluate the student’s reaction and critical appreciation of the experience.