A influência da mídia nas decisões do Tribunal do Júri: análise da liberdade de imprensa e do direito a um julgamento justo

Abstract

The objective of this study is to analyze the influence exercised by the media in the judgments handed down in the cases of jurisdiction of the Jury Court, in order to affect the partiality of the Juries that compose the Judgment Council. To do so, it will be presented the methodology that forms the aforementioned legal institution, from the outline of its biphasic procedure, at which time emphasis will be given to the aspects of Deforestation, the Role of Jurors, as well as the Composition and Formation of the Sentence Council . It will then be approached about the concept, application and importance of guaranteeing the principles called fullness of defense, secrecy of votes, sovereignty of verdicts and competence for the trial of intentional crimes against life, considered pillars of the Court of Jury. Together with these, some of the basic principles will also be observed, which accompany any and all criminal proceedings, such as fair trial, covered by the adversary, ample defense, presumption of innocence, among others. Still on principles, the question of the collision of fundamental rights between the right to a fair trial and freedom of the press will be worked out, based on the analysis of the technique of weighting. Finally, through a critical eye, some of the nuances related to the phenomenon of sensationalism, considered as an abusive conduct of the media, will be exhibited and explored, and, therefore, generating consequences capable of affecting the regular procedural march, especially in crimes of great repercussion , as well as violating the protection and application of minimum fundamental rights and guarantees, as was the case in the Nardoni case, as will be verified at the end, causing a true disrespect to the foundations of a Democratic State of Law.