Espetacularização do processo penal: análise acerca da influência da mídia na pretensão punitiva estatal como hipótese de redução da pena

Abstract

In summary, the present study considered the context in which we are inserted in the “information age” and “penal populism”, addressing the social function of the media within of the Democratic Rule of Law and its role as an opinion maker to understand, in principle, the media influence on society. In the meantime, it sought to investigate the repercussions of the phenomenon of media exploitation in the light of rights and fundamental guarantees, analyzing the legal relationship and the correspondence between the constitutionally imposed guidelines and the media performance, from the observation of cases that had great national repercussion, aiming to analyze if the Spectacularization of judgments in criminal proceedings influences the punitive claim state, so that it could be classified as a sentence reduction hypothesis, with based on the unnamed mitigation provided by article 66 of the Penal Code, taking into account the Theory of State Co-culpability and the discretion of the magistrate to assess and assess the individual circumstances of the cases concrete.