A defesa do direito humano à imagem frente a atuação da mídia no processo penal.

Abstract

Human rights have gained importance in the international scenario by recognizing that every human being is a subject of rights, simply because they exist. From the moment that we admit the existence of rights inherent to the people, there is immediate need to protect such rights by laws that guarantee them the exercise by individuals in society. The Federal Constitution of 1988, when dealing with fundamental rights and guarantees in its Article 5 ensures, among the rights and duties of individual and collective freedom of expression, the right to access information, the principle of due process and publicity of procedural acts and the inviolability of the person's image, and such policy can not be seen separately, but should seek a proper harmony between them, without sacrificing one over another. On this track, this research is to analyze the scope of the human right to protection against interference image of the media in criminal procedure, checking the freedom of the press as a corollary of the right information, explaining the role of media as means of realization of the principle advertising acts of criminal procedure, performing a study on the protection of image rights of the people involved in criminal proceedings in order to identify the boundaries that must be put to the press aimed at ensuring a fair criminal proceedings. The use of the principle of publicity of procedural acts by the media ends up causing, in some cases, irreparable damage to those involved in the process, injuring his image right. In the face of growing conflict between the right to information acts of criminal proceedings by means of mass communication and the constitutional guarantees of the accused in the process, we must establish a balance by restricting the advertising process, to avoid disdain for image rights. The method of approach used in scientific research will be deductive; will research methods of procedure, the monograph, critical and analytical and technical research will be the indirect documentation covering the literature.