O sensacionalismo midiático frente ás garantias processuais penais.

Abstract

Criminal violence and public insecurity are problems that have raged very intensively in the last decade. In this scenario of widespread panic, there is a great strength of the media in its various forms of spreading news, interestingly, we find that among the wide variety of news reports, the ones that arouse interest and hold the attention of all social segments, are precisely those who report criminal cases, especially when expressed in tabloid format and speculative. It is intended to relate the interference of the media in the social environment, the criminal justice relates to convince the judges and finally, as the specter of violation of constitutional procedural safeguards, more precisely on the principle of presumption of innocence. Thus emerges the following problematic: The media impairs the procedural safeguards of a criminal defendant? As a hypothesis, it has been so, especially in cases that arouse public outcry. The research aims at analyzing the interference in the media dynamic Brazilian criminal procedure, in order to examine the issue from the question of guilt in its broad theoretical conception, reaching media interference as the theoretical garantism, especially the principle of state of innocence. In turn , specific objectives are: to study the culpability in its broad spectrum, especially regarding the assessment of the degree of culpability of the agent by the judge when sentencing; profiling of the news media in the criminal area, based on a survey of national emblematic cases, where it is observed clearly disregard the rules and principles of criminal procedure and, finally, identify the ideal garantism more frontally hit with exaggeration sensationalist media, paying attention also to some legal options for compensation for damage caused to the accused. To do so, it will employ the hypothetical-deductive method, assuming that the media exposure malfere individual rights and guarantees of the accused in criminal proceedings. As a technique for research will be used literature, as well as documentary indirectly, in order to make the search more their information needs. Take care of yourself, thus a study undertaken with today's analysis of the interference behavior of the national media before the emblematic criminal cases in the light of theoretical garantism, in the context of the Brazilian criminal legal scenario .