Discrimination and law beyond punishment. jury discriminatory acquittals. The Brazilian Supreme Court and ADPF 779 decision.

Discrimination has many faces unreachable by law in its usual punishment remedies. Jury discriminatory acquittals are an example, as juror’s votes are secret, and scrutiny and review of jury deliberation is limited. One set of discriminatory acquittals involves women victims: juries may discriminate against a woman freeing the husband who killed his wife “because she misbehaved.” Adultery was a frequent claim in Brazilian case law. In Brazil, a defense argument was developed over time for that purpose: “the self-defense of a man’s honor.” Can law help minimize this kind of discrimination? Are there legal remedies available beyond punishment? The Brazilian Supreme Court tackled this problem in the ADPF 779 case. One of the legal remedies engaged by the Court in the case was the review remedy: the possibility of prosecutors appealing jury discriminatory acquittals and State Courts to declare them void, so a new jury trial must be arranged. This paper aims to describe the build of the review remedy in Brazilian Constitutional Law since 1988, how the Court employed it at the ADPF 779 order, and to discuss its potential and limitations to deal with discrimination.