The influence of the media on the decisions of the jury court against the principle of presumption of innocence

Authors

Ana Flávia Martins de Oliveira
Ana Luiza Souza Santos
Jeanne Gabrielle de Oliveira Toledo

Keywords:

Influence, Media, Jury court, Presumption of Innocence, Freedom of the press

Synopsis

The theme analyzed in this work is the influence that the media can exert on the decisions rendered by the Jury, especially in view of the principle of presumption of innocence, which guarantees that every citizen is considered innocent until the final sentence of a condemnatory sentence. Considering that intentional crimes against life, including murder, are tried by the popular court of the jury composed of citizens of the community, since the jury judges according to the intimate conviction, which before the day of judgment, they are exposed to opinion of the big media. Thus, it is important to question whether the media today can influence such judgments in order to harm the constitutional rights of the accused, including the presumption of innocence and ample defense, as the jurors often arrive at the court with their conviction made by media publications. The methodology used was a bibliographical research with a qualitative character, as this review was based on scientific material already published, consisting mainly of legal journals, dissertations and articles from scientific journals. It is concluded that several times, the Jury Court becomes an instrument of oppression and exclusion, because the jury, lay citizens, who judge according to their intimate conviction, without legally grounding it, are sometimes , especially in cases of high repercussion, influenced by what was previously exposed by the media and end up opting for the popular will, which is why it is necessary to create mechanisms to guarantee the accused respect for their rights, considering that the influence The media interferes with the conviction of the jurors more than the evidence produced during the trial itself.

References

OLIVEIRA, Ana Flávia Martins de; SANTOS, Ana Luiza Souza; TOLEDO, Jeanne Gabrielle de Oliveira. A influência da mídia nas decisões do tribunal do júri frente ao princípio da presunção de inocência. 2021. 36f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

November 25, 2021