A Influência da mídia no Processo Penal

Abstract

The purpose of this study is to analyze the influence of the media on the Brazilian criminal process, specifically regarding the mass development of the media and its role as an effective instrument for disseminating information and forming public opinion on criminal matters in Brazil. Thus, starts from the premise that, although the media’s performance is indispensable for current democracy, on account of its trains and guides citizens, frequently, the media has been using its prerogatives in an arbitrary and sensational way, in its informational process, mostly in cases of meaning social outcry, with the aim of influencing certain movements and current of thought, according to its interest, working like a "Fourth Power" in the State structure, in order to contribute to the selectivity of the penal system, from the legislative phase (primary criminalization) until the end of the criminal proceedings (secondary criminalization).Therefore, it is addressed the issue of the existing conflict between the freedom of the press, conferred to the media device, and fundamental rights relating to the person involved in criminal practices and to the proper functioning of criminal justice qualk, which has been mitigated in face of spectacularization of the news. To reach the proposed objective, the deductive method will be used, consisting of the identification, location and obtaining of bibliographical and doctrinal information about the subject addressed, starting from the peculiarities that the criminal media presents, in order to debate its forms of action and, at the end, to verify the consequences that it entails.