A influência negativa da mídia no julgamento pelo tribunal do júri e seu reflexo na decisão do conselho.

Abstract

This monograph analyses the negative influence that the media has on the lay jurors who make up the jury, compromising the impartiality of the same and disregarding the constitutional principles governing the Brazilian criminal proceedings. This addresses the historical development of the institution and how the Brazilian constitutions made their prediction, analysing the role of the jury, its powers and duties imposed upon it. Explains its competence, organization and operation, analysing the procedural law provisions governing the institute. Observes the principles and constitutional guarantees that guide the Brazilian criminal proceedings, which are responsible for ensuring a proper due process, where there is disrespect the dignity of the human person or the other prerogatives of the individual. The research deals with the collision of existing fundamental rights of freedom of speech and press and the right to privacy, intimacy and honour of the accused. It examines the way the media transmits information, seeking first to sell the highest number of reports without worrying about the truth of the facts, which causes incalculable damage to the prosecution and the accused, in view that the majority of the population regards received information as absolute truths. Noting at the end that there is failure to comply with constitutional guarantees of individuals accused of crimes against life for improper disclosure of facts, backed by the major objective of making a profit, distorting the primary role of the media and going beyond the limits inherent to its performance.