A influência da mídia nas decisões judiciais criminais: uma análise crítica sob a perspectiva do direito penal e processual penal

Abstract

This paper analyzes the influence of the media on the impartiality of judicial decisions in criminal matters, in the light of criminal constitutional principles. In a contemporary scenario marked by the massive circulation of information and the symbolic power of the media, we seek to understand how media exposure of criminal cases can interfere with due process of law, affecting fundamental rights such as the presumption of innocence, the adversarial process and the impartiality of the judge. The research adopts a bibliographical and analytical approach, based on specialized doctrine and emblematic case studies. It examines the complex tension between freedom of the press and the personality rights of the accused, highlighting the role of the media in the social construction of crime and criminals. The paper concludes that media activity, when devoid of ethical responsibility, can compromise the legitimacy of the criminal process and the fundamental rights of the accused, and that it is essential to build legal and social mechanisms that promote a balance between freedom to inform and respect for constitutional guarantees.