A intervenção da mídia no inquérito policial

Abstract

The Federal Constitution of 1988 granted everyone the right to freedom of expression and information, preventing the State from using censorship practices to prevent the free use of these rights, also guaranteeing journalistic activity such rights, because of its extreme importance for the maintenance of a democratic state of law. However, when the press covers a police inquiry, such rights end up conflicting with the defendant's guarantees at the pre-trial stage, such as the right to a fair hearing and the presumption of innocence. For their part, the media have great power in society, and through journalistic activity they manage to convey to individuals a way of thinking and acting, with this, many times, articles published by the press end up being used by judges in the their decisions. Therefore, it is necessary to reduce the scope of freedom of expression and information rights in the police investigation until the final sentence of the conviction has been passed, making it impossible for the media to publish information about the criminal process.