BARROS, L. M.; http://lattes.cnpq.br/3890837449635977; BARROS, Lucas de Melo.
Resumen:
The main objective of this study is to analyze the possible impacts of
information conveyed by the media in decisions made in the procedural outcome
of the trial of intentional crimes against life, under the light of the courts of Justice n
Brazil and the state of Ceará. It is true that the legal institution of the Jury Court
composed of a sentencing council, responsible for judging intentional crimes
against life. On the other hand, the media have a formative character
opinion and equality with democratic powers. Regarding standards
informational consumption, the media that disseminate opinion are present
daily in the lives of the national population, being the audience leader for the programs
of journalism, that with regard to criminal news, they are reported by institutions
police. Therefore, it relates the influence of the media to the legal institute, as a result of
media bias, there is a coalition of fundamental guarantees,
the rights of freedom of expression and access to information are confronted, with
presumption of innocence and impartiality. With this negative influence, the media
information are marked by informational selectivity, given that they use
trivialization of human life, social commotion and profitability, as standards
for information to be consumed. In this reality, it is nourished within the scope
national culture of punitivism, linked to an ad eternum sentence, whether rules
national legal system, despite the prohibitions set out in the provisions
cool. Thus, the nature of the crime, the social commotion and the partial action of the media
of communication are vectors that are related to the decisions made
procedural outcome. In view of this, the following research problem is presented:
to what extent information previously conveyed by the media can impact the
procedural guarantees for defendants tried for committing intentional crimes
against the life of the courts of justice in Brazil and the state of Ceará? About the
methodological procedures, this is an exploratory type of research,
qualitative nature, in which deductive approach methods were used,
comparative, research techniques of bibliographical review, document analysis and
data. The relevance of the research is justified by the contribution it could bring
from a practical point of view in the study of disciplines within the scope of law
criminal and constitutional law, with an emphasis on the fundamental rights of
individuals who are the defendant in criminal proceedings. As a result, remainder
demonstrated that, by analyzing the data presented, the information
previously broadcast by the media may affect the principle of impartiality
presumption of innocence, both in decisions made by the natural judge and in
decisions made by the sentencing council in the judgment of these cases, being
necessary in the face of the collision between fundamental precepts undermines the possibility of
applicability of Robert Alexy's Theory of Fundamental Rights.
