Implicações negativas acerca da publicidade dos atos processuais penais pelos meios de comunicação de massa no Brasil.

Abstract

Given the advancement of technology and the benefits it brought to the law, this research outlines up on negative publicity about the implications of procedural criminal acts, through the means of mass communication in Brazil. Realizing that freedom of the press is the main legal support of the right to information, it appears that the media is the most important means of realization of the principle of publicity of criminal procedure acts in our country. However, studies about the negative implications arising from it are needed. It appears that the activity that the Brazilian press performs ends up causing, in some cases, irreparable damage to those involved, whether accused or victims that have reached their dignity, the State and society itself, since the relationship between the latter and the law is pervaded by " fears ", mistrust and unknowns. These elements are compounded when news of a criminal nature, which naturally tend to attract the attention of the populace, but in this case, the right to information loses its true meaning and is seen as a tool for marketing " shocking news " is broadcast, inflating the public outcry, interfere with the view, suppress rights and procedural guarantees and fade to the activity of the Judiciary. Wonders, to the shock of interests and legal rights, the principle of publicity of procedural acts and exercising the right to freedom of information by the media, no longer require restrictions, or limits. That is, what mechanisms can be used to prevent the violation of human dignity, the presumption of innocence, the right to privacy. Some proposals are made to order, based on comparative law, since other systems are far more advanced than ours in this sense, but it is extremely important new directions in search of solutions to this problem, both to allow academics Law engaged to develop them as to the law is a science effectively construction of a democratic state. We used the deductive method of approach in this research as well as critical and analytical procedures in the reading of books, articles, stories and ideas through indirect documentation of bibliographic research.