Direito penal simbólico: A influência da mídia na produção de Leis penais.

Abstract

This monographic work deals with the influence that the media has in the construction of stricter criminal laws through the exacerbated transmission of crimes of great national repercussion. Influenced by the sensational appeal of the media, a social outcry arises that demands a response from the State, which in turn promulgates laws of an immediate nature that can calm the population and make it appear that violence is being fought by legal means. This legal phenomenon is being called by many scholars of Symbolic Criminal Law, which ended up receiving a lot of criticism from these authors for deviating from the classic foundations of Criminal Law and for its little effectiveness for the purposes for which it serves. To illustrate our study, at the end we present some practical cases in which criminal laws were influenced by the media exploitation of crimes of great commotion, such as the Heinous Crimes Law, pointed out by the indoctrinators as one of the clearest examples of criminal symbolism.