A ingerência dos meios de comunicação na persecução penal

• Autor(a) principal: Silva, Luiz Gustavo Meduna Giongo e
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27373
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Persecução penal; Liberdade de manifestação do pensamento; Meios de comunicação; Opinião pública; Crime; Criminal persecution; Freedom of thought; Media; Public opinion; Crime

This study has as purpose presenting the relation between the public power and the media, especially regarding the judiciary and the press during criminal persecution. It was verified the need to elaborate this paper based on the perception that the media promotes a poor usage of its liberty and perform intense campaigns as to direct the public opinion during key moments of the persecutio criminis inducing its audience to exert pressure over the public agents so that they decide differently than they normally would. It was sought thorough clearance on the reach, the importance and the limits to the liberty of manifestation of thoughts and its species in the Federal Constitution from 1988 to comprehend which conducts of the press might be considered abusive and which consist on the rightful exercise of liberties granted by the constitutional text. The mechanisms used by the mass media in order to promote this targeting were briefly enrolled. It was also made a critic on the quality of the public opinion that, as recorded in the work pieces used for research, has a suspicious character given that the opinion-makers are held by a minority economically dominant, that utilizes such means to grant their interests and propagate their standpoints. The phases of criminal persecution were dogmatically presented as some of its intersection points with the principle of publicity, constitutional determination that along with liberty of press seeks to help the popular supervision on the public institutions and their members actions. The dignity of the human person was conceptualized and dealt in its own chapter, in face of its importance to the mater, on the account that evidently the media abuse and the nonconformity of criminal process rules cause severe damage to this meta-principle, which is one of the foundations of the Federative Republic of Brazil, as stated by the Federal Constitution from 1988. For the development of this research there was a bibliographic study over doctrine, judicial precedents and national and international laws regarding this theme. Practical cases were avoided in order to avoid incurring on the flaw of casuistry, however during the text some brief generic examples were illustratively pointed. In the conclusion, for the last, the media mismanagement was exposed specifically on the activities of the institutions responsible for the criminal persecution, their motivation and consequences. Besides, it was presented legal solutions, interpretative and educational as to solve or, at least, attenuate the conflicts and issues presented in a compatible mode to the present judicial-constitutional order