Análise dos princípios da publicidade dos atos processuais e da presunção de inocência sob o exercício da liberdade de expressão dos órgãos da mídia no Brasil

Abstract

The position of prominence declined to freedom of expression, although substantial importance to the development and affirmation of democracy in the country, has served to exercise irresponsible and therefore improper for a portion of the Brazilian media regarding the dissemination of legal news, notably relating to crime, criminals and criminal proceedings. The objective of this study is therefore to examine the principles of publicity of procedural acts and the presumption of innocence under the flippant use of that fundamental right by the journalistic enterprise. The methodology used in this research was literature, consultation with the books, publications and legislation. The bad journalism, uncommitted to the social function inherent to the profession and the ethical principles that are affections, promotes an overexposure of those involved in the fact delinquents and ignoring objectivity and impartiality which should be present in chronic judicial and meddling in function of the court having jurisdiction to do so, weak the principle of presumption of innocence to condemn the one that seems to be responsible for the practice of criminal offense. Whereas the media influence on public opinion, it must be noted that the actual criminal trial remains potentially compromised, since the judges or lay togated that part. It should be noted also that the professionals who work in this line handle the principle of publicity of procedural acts on your behalf, to take it as the instrument through which it solicits information to play the role of mediator. Thus, what should be expedient of popular control of judicial activity is transmuted by the intense media coverage in advertising oppressive. It is concluded, then, the need to adopt measures that, weighing the conflicting principles, are reputable to balance them, making prevail, depending on the circumstances of the case, now one, now another.