Mídia e Processo Penal: a influência midiática nas decisões judiciais e as garantias do acusado à luz da defensoria pública

Abstract

This monograph aims to discuss the media influence on judicial decisions and guarantees of the accused in the light of the Public Defender. The importance of the study is based on the fact that the mass media, as holders of the power to transmit information and form public opinion, in a Democratic State of Law, have used the news of criminal facts to raise audience and increase profits, doing it in an arbitrary and sensationalist way, which ends up affecting, in a harmful way, not only the perception that society has of the Judiciary, but also the opinion of the judge. It is undeniable the discomfort in feeling contrary to what has been exploited as fair by the media. Thus, based on a systematic review of relevant literature, the research presents the historical process of the media and its evolution, the fundamental principles, rights and guarantees of the media and the accused, in order to demonstrate that they are constitutional legal assets, which is why must be observed equally. Then, perform the analysis of the relationship between the media and the criminal procedure, the fair process versus judgment by the media and the right of reply, with the intention of revealing the damages arising from the action of turning the process into a spectacle, where the accused is center stage. In this way, the study highlights the choice that the media has to report the relevant events to the Judiciary, especially the criminal dispute, conflicts in the transit of the process by the constitutional principles, namely, the right to protection of the image, honor, intimacy, privacy and the presumption of innocence, provided for in article 5, items X and LVII, and the right to freedom of the press in article 5, item IX, of the 1988 Federal Constitution. Public Defender in the protection of fundamental rights, regarding the democratic right of access to justice and a formal and materially active and effective technical defense, ensuring the result of a fair and duly legal process, demonstrating that neither freedom of the press nor freedom of expression nor any other can be conceived – from the moment it develops on a collective level – with an absolute character.