A Influência da mídia nas determinações de prisão preventiva: uma visão simulacral

Abstract

The present work deals with the influence of the media in the preventive detention order under a simulacral vision, and aims to present how criminal populism interferes in this decree and the conflicts of this current with the fundamental guarantees. In the sequence it presents the precautionary nature of this type of prison, analyzing the assumptions for its decree. It follows some reflections on the constitutionality of preventive detention based on public order. Afterwards, it is approached about the influence that the media exerts in the generalization of social outcry, which is used as one of the bases for the enactment of preventive detention. Thus, in order to carry out the work, the deductive method will be used, since it is based on the effective preventive nature of preventive detention in the legal system, debating the constitutionality of preventive detention based on public order, in order to, at the end , to discuss how prison became a means of degrading the individual.