Do medo à fraternidade: a manipulação midiática da violência e a urgência de um marco regulatório no Brasil

Abstract

This dissertation aims to critically analyze penal populism in the media as portrayed in Brazilian police television news, focusing on the lack of regulation regarding the broadcast of violent content on free-to-air TV. The objective is to understand how the spectacle of violence constructs a symbolism around the “social enemy” and manipulates public opinion, in addition to increasing penal selectivity. To achieve this, the study first seeks to conceptualize penal populism in the media and identify its main structural elements. It then examines the impacts of sensationalized violence on fundamental rights, such as the presumption of innocence and human dignity. Subsequently, it analyzes the legislative omission in Brazil in light of Article 221 of the Federal Constitution of 1988. The dissertation also compares international experiences of television media regulation concerning violence. Finally, it proposes normative guidelines as alternatives to the current model of sensationalist communication. In terms of methodology, this is a qualitative, exploratory, and critical research based on bibliographic and documentary review. The results indicate that the absence of effective regulation regarding the broadcast of violent content on Brazilian free-to-air television contributes to the normalization of state violence and the perpetuation of hate speech and social exclusion. The study also reveals that sensationalist police programs systematically violate personality rights and the constitutional principles governing social communication. In conclusion, the work proposes the development of a regulatory framework that reconciles freedom of expression with the values of human dignity, plurality, and social justice, in accordance with the principles of Fraternal Law.