Mídia e tribunal do júri: a possibilidade de violação ao julgamento justo do réu ante a interferência da mídia nas fases do processo penal

Abstract

The present study, using the dialectical method and the exploratory research (bibliographical, doctrinal and legislative), analyzes the influence of the mediatic coverage of criminal offenses in the judgment of the defendant by the Court of the Jury. The Jury represents the most democratic institution in the Brazilian legal procedure, as it is constituted by regular, average citizens – laymen, in the legal aspect. The Sentencing Council has prerogative to decide based solely on the intimate conviction of its members, it’s unrequired for them to motivate their decisions. Following the evolution of globalization and capitalistic expansion, individuals increasingly began to consume information through mediatic means; nowadays one could easily affirm that it has become the greatest mechanism of influence on society. In addition, since criminal cases - especially those against life - arouse the attention of the interlocutors, communication channels began to indiscriminately broadcast it. Thus, the matter exposed in this paper is precisely the product of the abusive mediatic coverage of criminal cases against life, and its effects on the verdicts made by the jury.