Influência da mídia no tribunal do júri brasileiro: uma análise de aspectos norteadores

Abstract

The present monographic work aimed to analyze some of the aspects arising from the media's influence over the Brazilian’s jury court, in particular the collision of rights existing between the expression’s freedom of the media, versus the defendant's prerogative to be subjected to a fair and impartial judgment, based on the presumption of his innocence. To this end, the following problem was developed: "Is there an influence of the Media on the Jury Court?". To answer the question asked, a study was prepared on the Jury institute and the role of jurors, and it can be seen that popular participation has long been present in society, being considered an indispensable mechanism for the exercise of democracy and justice.Then, we sought to understand the concept of media, its function before the community and its role in the criminal process, covering the panorama of guaranteeing their expression’s freedom and prohibiting of censorship. Finally, the rights attached to the media were compared with those guaranteed to the accused, making it possible to elucidate moments of existence of the influence of the media in both phases of the Jury Tribunal. In this way, it was possible to make notes on the consequences arising from this influence (especially the judgment made in advance) and also point out practical solutions to the problem. The research method used was inductive, analytical-descriptive, using the technique of bibliographic and documentary research.