Publicidade opressiva e a tragédia da Boate Kiss: consequências endo e extraprocessuais

Abstract

The present work addresses the issue of oppressive publicity within the context of criminal proceedings. To this end, it sought to understand the role of the media as an opinion-shaper and its capacity to influence ongoing judgments and create effects that extend beyond the trial itself, as well as the conflict between freedom of expression and the presumption of innocence. Thus, through doctrinal, legal, and jurisprudential research, the work aimed to study the endo- and extra-procedural consequences of the Boate Kiss tragedy due to oppressive publicity, by analyzing the themes of conscious guilt and eventual intent, “in dubio pro societate” and “in dubio pro reo”, and the provisional execution of condemnatory criminal sentences in jury trials. As a result, it aimed to concretely demonstrate the permeation of judicial decisions influenced by media appeals and public outcry. The work did not intend to exhaust the discussions on the topic but to highlight the consequences brought to a process by oppressive publicity, and to propose further debates on the need for regulation of oppressive media to ensure the accused's individual rights to a fair trial.