A restauração da infâmia

• Autor(a) principal: Mendes, Caio Cesar Tomioto
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9404
• topic: Infamy Penalty; Mass media; Mediatic judgment; Penal punishment Negative theory; Pena de infâmia; Meios de comunicação de massa; Julgamento midiático; Teoria negativa da pena; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work aimed to analyze the mass media notorious power of influence in criminal matter by its interference on managing and restoring materially the infamy penalty. Being said that, the analyzes over criminal news formation process and the interests of those involved in media market made it possible to to perceive that what moves social media communication as if it was journalistic company is the profit; therefore, the final judgment of journalism became the persuit for audience and journalistic scoop. The existing pressure between newspapers caused by the necessity of high-speed news broadcasts, especially involving criminal cases, has the ability to disconsider the subject fundamental rights and guarantees, causing damages to the person honor by attributing a strong presumption of guilt. Historically saying infamy penalty application and execution has originated from a vertical relationship in society, nowadays, even though if normatively extinct, infamy penalty is seen when journalistic companies (television, radio or print) develop a true mediatic judgment endowed with sensationalism as an instrument for mass media to achieve its goals. Therefor infamy penalty restauration can be perceived in historical analyzes about the application of humiliating punishment up until nowadays cases that restore infamy penalty application. Finally, from the negative theory of punishment perspective it was possible to prove that the penalty of infamy is reinserted in the contemporary society and its application and execution is no longer a state issue but a mass media duty, which is applied with no boundaries, and executated with a much more sophisticated punitive capacity way than the old pillory.