A influência da mídia nos crimes julgados pelo Tribunal do Júri versus o princípio da presunção de inocência.

Abstract

The purpose of this final under graduation work is to verify and analyze the influence of media in criminal procedure, specifically in jury trial, in accordance to the presumption of innocence principal that takes part on the list of fundamental guarantees provided for in the fifth article of the federal constitution. It will analyze the historical process of the media, as well as its emergence in Brazil, aiming to verify the social function the media currently plays. Successively, it will examine the concept of the presumption of innocence principal and its evolution in Brazilian order, also showing its relation with media. Afterwards, it will address the appearance of jury trial in Brazil, comparing it with the jury of other countries, which influenced the pure jury model adopted by our country. Lastly, it will analyze, through practical cases, the non-observance of the constitutional principles by the media in the present time, as well as its influence in public order and the consequences resulting from these acts. The present work will use the methodology of bibliographic research, which consists in the evaluation of information contained in books, scientific articles, magazines and jurisprudence related to the theme. Assuming media is the main responsible for generating public opinion, reflecting directly in legal framework, this research proves to be fundamental in the search for a democratic state of law. It allows, through its guarantees, a fair trial, as the presumption of innocence is not always observed during the criminal procedure due to media sensationalism, violating this principle in favor of an early trial, supporting the sense of injustice in the country.