Jury Trials in Brazil Aren’t Exactly the Same

Like the US, Brazil relies on juries to decide some court cases. Citizens have the right to have their case be heard by a jury of their peers, so the court convenes a group of laypeople to hear the evidence and issue a verdict.

And while the jury systems in the two countries are similar in concept, they have some significant differences.

Juries in Brazil are composed of 7 people (known as the Conselho de Sentença) chosen randomly by the judge from a pool of 25 potential jurors. The pool is taken from two lists held by the court. One is composed of people who want to volunteer and the other includes people who are referred to the court by their business or organization.

Another major difference is the type of cases decided by juries. In Brazil, civil disputes never go to a jury. In fact, juries only hear specific criminal cases: homicide, assisted suicide, infanticide, and abortion - all crimes against life. Even if a person is killed in a robbery, the defendant won’t get a jury trial.

Perhaps the greatest difference though is the voting structure. Jurors don’t discuss among themselves and they don’t know how each other votes. The decision is made based on a majority vote. Even if 3 jurors believe the defendant is not guilty, the defendant would still be convicted.

This is just one more example of how legal processes and concepts may have the same name yet, in practical terms, they are quite different.