A influência da mídia no processo penal e os direitos fundamentais das pessoas acusadas

Abstract

The discussion on the influence of the media in criminal proceedings has gained prominence due to the increasing journalistic coverage of criminal cases and the speed with which information circulates on social networks. This scenario reveals important paradoxes between freedom of the press and the protection of the fundamental rights of the accused, especially when media narratives anticipate value judgments even before the Judiciary takes action. In this context, the objective of this research was to analyze how the media and public opinion influence the Brazilian criminal process, particularly regarding the observance of constitutional guarantees intended to protect accused individuals. The methodology employed consisted of bibliographical research with a qualitative approach, drawing on legal doctrine, academic articles, books, and theses. The results indicate that media coverage, when marked by sensationalism or lack of informational accuracy, can compromise the impartiality of criminal proceedings and directly affect the life of the accused. It was found that “public condemnation” often occurs before the establishment of guilt within the judicial process, producing psychological, social, and professional harm that is not remedied by a subsequent acquittal. The study also observed that the social pressure generated by the media, although indirect, can influence authorities and undermine institutional balance. It is concluded that it is essential to reconcile freedom of the press with the protection of fundamental rights, recognizing that both are necessary for the Democratic Rule of Law. Media coverage must respect constitutional limits, avoiding the transition from legitimate information to the transformation of the accused into an object of spectacle or premature judgment.