Possível influência da mídia nos vereditos do conselho de sentença em crimes dolosos contra a vida, à luz de casos concretos.

Abstract

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.