A INFLUÊNCIA DA MÍDIA NOS JULGAMENTOS PENAIS: ENTRE A LIBERDADE DE IMPRENSA E A PRESUNÇÃO DE INOCÊNCIA

Abstract

This study analyzes the influence of the media on criminal trials, investigating how journalistic coverage may affect the impartiality of the Jury Court and violate the constitutional principle of the presumption of innocence. The research demonstrates that sensationalist practices and condemnatory narratives turn the media into a real “trial by media,” producing symbolic convictions even before the formal judicial decision. Based on the analysis of concrete cases, such as the Escola Base case, and on contemporary theoretical frameworks, the study discusses the role of the media as the “fourth power” and the need for ethical and legal limits to ensure a balance between freedom of the press and the right to a fair trial. The study also highlights the urgency of regulation and self-regulation mechanisms that promote transparency and journalistic responsibility without leading to censorship, thereby safeguarding the integrity of criminal proceedings and the dignity of the accused.