A influência do discurso midiático e do clamor popular na recente produção legislativa penal brasileira: os delitos eletrônicos e a Lei 12.737/12 (Lei Carolina Dieckmann)

Abstract

The media, basing on the audience rating, most of the time gives emphasis on criminality, which contributes to increase the sensation of fear and insecurity in the society and the lawsuits to expand Criminal Law. In May of 2012, the actress Carolina Dieckmann was victim of the leak on the internet of her intimate content pictures, case which gained wide media coverage. Until this fact, Brazil only used to have projects of law in this area, which became laws, effectively, on November 30th of 2012. This paper purposes to analyze, through the deductive and dialectical method, the eventual existence, the measure and the degree of social influence and, principally, media influence on the creation of the Law 11.737/12, known as "Lei Carolina Dieckmann", as well as the possible consequences of that. At the end, it is concluded that the paradigmatic case did not influence on the project of law draft that originated it, however, it did on the conduct process. It resulted in one more casuistry law, emergency and symbolic, which wants to offer a fast "answer" to the society, without the due analysis of reasonabless and efectiveness of their devices, fulminating in the feature of last resort in Criminal Law.