MARQUES, K. G.; http://lattes.cnpq.br/6168779754614799; MARQUES, Kathleen Gadelha.
Résumé:
The study intends to observe the system of this court; to dissert about freedom of
choice, press freedom, the legislative advances occasioned by the media, by the
Media Law , and how all these interfere in the public opinion , affecting constitutional
guarantees and generating the confrontation between fundamental rights of citizens.
Taking this approach as a starting point, the following problematization is highlighted
for the research: Is the media coverage, when disseminating news related to
intentional crime against life, capable of influencing criminal trials and, more
specifically, the decision to be taken by the jury in the Jury Court? Hypothetically,
there is an affirmative answer. Therefore, it can be seen that, after studying
thoroughly the media’s influence on the decisions of individual judges regarding the
procedural imprisonment, thus deducing, the influence of this same media on the
decisions of jury in the Jury Court. So, it is registered that the current scientific
research aims generally to analyze the influence of the means of communication on
the crime trials of the Jury Court’s jurisdiction. In order to attain the general objective
the deductive method is used, as an approach and the historical and evolutional
method was used as a procedure tool; as research techniques the bibliographical
research and the indirect documental research were used. In face of the study, it is
concluded that a clash between the freedom of press and presumption of innocence
occurs, and in order to solve the conflict, the latter must prevail over the first,
providing the accused with a fair trial, totally free from the media’s influences,
demonstrating the necessary guarantee of the jurors free conviction, when judging
the cases submitted to the Jury Court.