A liberdade da imprensa frente ao princípio da presunção de inocência nas decisões do tribunal do júri.

Abstract

This work deals with the current clash between the right to freedom of the press and the presumption of innocence, both secured by the Constitution of 1988. Noting that in many cases a subdue and eventually overlap each other. This problem shows up as a factor of great imbalance in the jury trial, where the activity of the press stands out as a crucial factor in the unfolding of currents of opinion which directly influence the value judgment of the jurors in court, and curtail rights inherent to all humans, including guaranteed by norms and international treaties such as the right to due process, to present his case, the presumption of innocence, freedom, among others. Based on the foregoing, the present study aims to detect the boundaries of each of these principles and how to harmonize their coexistence in the search of a solid democracy and satisfying. For an efficient operation and ownership of ideas on display is needed historical study on the conceptual constitutional principles of the presumption of innocence and freedom of the press, noting the importance of the same in the current legal system, and the failure of co-exercise of both in this case, which must give way to the exercise of the other. It is also observed the collision of principles as a result of a distortion of the purpose of the right to freedom of the press in the Brazilian legal system. Which demonstrates the sometimes sensationalized, harmful to the social and naughty of fundamental principles that are north of any democracy. The use of bibliographical method, as well as the induction was critical of fundamental importance in achieving this demonstration, proceeding to study historical and exegetical and legal evolution, that through inductive research methodology was effective in the intended operation.