A influência midiática na decretação da prisão preventiva com o fundamento na garantia da ordem pública

Abstract

This paper critically analyzes the influence of the media and public outcry on the imposition of pretrial detention based on public order, highlighting how this dynamic undermines the principle of the presumption of innocence and distorts the precautionary nature of the measure. The research demonstrates that media influence, by constructing stereotypes and reinforcing punitive narratives, contributes to criminal selectivity and legitimizes judicial decisions based on subjective criteria and external pressures. Rather than a technical instrument of procedural protection, pretrial detention assumes the form of anticipatory punishment, especially against historically vulnerable groups. Throughout this research, we will analyze the elements that authorize its imposition, as well as the impact of media influence on the formation of judicial conviction and the selectivity of the criminal justice system.