LACERDA, M. A. S.; http://lattes.cnpq.br/3461840322431971; LACERDA, Marcos André da Silva.
Resumo:
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.