MARQUES, T. R.; http://lattes.cnpq.br/1780588819217797; MARQUES, Taise Rocha.
Resumo:
This research aims to study the civil liability institute applied to violations of the Police
Inquiry secrecy from the legal and social analysis Base School Case, one of the biggest
examples of the abuse in the Brazilian press regarding the information disclosure concerning
crimes. The Police Inquiry is a pretrial procedure, merely informative and inquisitorial, so the
contradictory and full defense are mitigated during this phase. However, since now, the State
makes safe the rights of the investigation, trying to protect their physical and moral integrity,
through the secrecy given to the investigation, according to Article 20 of the Criminal
Procedure Code. But the confidential nature of this procedure is daily put into question due to
the media's performance, which, assuming a sensationalist aspect, disseminates materials on
crimes still under investigation, exposing the investigation to all sorts of judgments,
threatening their rights of personality and successful investigations. In this vein, we
conjecture about a collision between media freedom, noting, here, the right to information and
freedom of expression and personal rights, inquiring as far as media freedom can be exercised
in compliance with the constitutionally established limits. On this track, this paper presents
the principle of proportionality as proper means to solve this question, considering the need
for weighting values, due to the fundamental nature of the rights at issue. Moreover, the
violation of the investigation secrecy and, consequently, of personal rights, cause significant
damage to the investigated, moral or material, giving time the civil liability institute and the
duty to repair them. The topic under study is illustrated by Base School Case, which tells the
owners story of a children's school in “Aclimação” district, in São Paulo, which, after a
complaint, appeared as investigated by an investigation seeking establish a case of children‟s
sexual abuse. After being reported in the media, the case took gigantic proportions, so damage
experienced by those, since they were judged and condemned by the sensationalist media,
with the help of society, though, have not even been accused, considering that the
investigation has been archived for lack of evidence. However, the damage experienced by
those involved in the case has spread in a way that its compensation / repair remains almost
impossible to quantify. Based on the foregoing, we sought to demonstrate the damage caused
by the violation of the investigation secrecy and civil liability resulting from this fact,
presenting forms of remediation. For this, we used the deductive method; as a research
technique, the bibliographic; as procedure method, the monographic or case study. Thus, it is
necessary a detailed analysis of each point to the achievement of the ultimate goal and the full
understanding the addressed theme.