A influência da mídia no processo penal brasileiro.

Abstract

In this scientific work will be analyzes the media influence in the Brazilian criminal procedure. The influencers aspects of media have been demonstrated in the research, being opposed to the constitutional rights and guarantees of the individuals participating in the criminal procedure. Aiming to the weighting of media as forming opinions and responsible for the news publishing aimed at population, relating it to individual rights and guarantees of the accused of a crime. In this way the media is placed in opposition to certain rights of the accused, such as image rights, the presumption of innocence, the dignity of the human person. Moreover, analyzes the media sensationalism as causing damage to the accused and still influential in judicial decisions. Thus, the study was divided into the following topics: Right to information and criminal procedure; rights and constitutional guarantees of the participant of criminal procedure; The media influence in the Brazilian criminal procedure. The methods used in the research were: in the method of approach, we applied the deductive aimed the study of the subject premises, specifying with your development, about the method of procedure it was employed the historical monograph, where conducted a historical overview of the topic and the critical and analytical study of the proposed issue. Was also applied to indirect technique in researching, developing through the bibliographic and documentary mode , books , scientific articles , resulting from internet content and periodicals that supported the theoretical framework of scientific work. Therefore, research has examined the purpose of confirming the problem to be solved: To what extent the media right to information and freedom of expression can conflict with the constitutional rights and guarantees of accused of crimes, and to influence the decisions and sentences of Brazilian Criminal Procedure? Confirming the hypothesis that the media should fulfill its social role of informing society about the events, but this information right should be entitled to balancing of when in conflict with fundamental rights such as the right image and a fair trial, showing the end the working potential solutions to this problem. Finally, it is noted that the theme has grid analyzed legal and social relevance, leaving numerous discussions on the same.