Clamor público: atuação da imprensa e reflexos na decretação de prisão preventiva

Abstract

It Analyses the decree of preventive arrest before the Brazilian legal system, in the context of use of public shouts as a precondition for such a measure restricting freedom. Approach commences with an analysis of the term public shouts, its relationship with the guarantee of public order and inconsistency given the absense of legal provisions. Next, we study the influence of media in motivation the decisions of criminal court. Consisting of case studies and demonstration of the constant media intrusion in the processing of sensational criminal investigation. It focuses on the preventive arrest in its principles, its relationship with the public shouts and the media, the positioning of jurisprudence of the Supreme Court as to the grounds of the injunction prison on canvas, the limitations imposed by constitutional principles to the institute criminal and flagrant unconstitutionality present in preventive decrees that have the requirement to public shouts, seeking a recovery of the fundamental rights of the accused in court and the importance of due process of law in the criminal sphere.