Liberdade de imprensa e presunção de inocência: os excessos da mídia em detrimento de garantias processuais

Abstract

The purpose of this project, in the area of Criminal Law, is the study of the Constitutional Principle of the Presumption of Innocence, where all are innocent until there is a criminal conviction, and how the media can violate this principle by means of news Which impute a particular offense to a suspect, leading society as a whole to find him guilty immediately, even without any evidence of guilt. Knowing that the media is a great opinion-maker, by convincing an entire society of the guilt of a particular individual, it may have repercussions on the Judiciary, this without considering the cases of jurisdiction of the Jury Court, where, often, the Judgment before even being initiated the judgment already condemned the individual based on the stigmatization precoce of the defendant. With the constitutional guarantees to every citizen information and freedom of expression and also the constitutional guarantees of dignity, privacy and presumption of innocence, how far can one right violate another? By disclosing, precipitously, an information, the vehicle of communication would be subject to some sanction? How to restore the honor of the individual, if innocent? How to prevent the media from influencing the Criminal Procedure, especially at the Jury stage?