A imparcialidade do juiz e a influência midíatica no processo penal

Abstract

The present study aims to analyse the influency of the media, especially related to the intense exposure of the investigative mega operations realized by the Brazilian Federal Police and how it interfers in the judicial decisions compromising the the imparciality required in the persecutions. To elaborate the present study the employed technique was bibliographical research, using publications related to the theme like books and articles, also adding journalistic articles, aiming to verify the real interference of the midia in the criminal persecution. In the first chapter, the study focuses on the existing processual systems, aiming to identify the principles that coordinate the way the judges should act, especially related to it’s participation in the proves production and imparciality in the persecutions. In the second chapter the study analyses the way the judges who conduct or are part of the big police operations that took place on the brazilian media act, comparing their acts to the parameters estabilished by the laws of the Brazilian Constitution. In the third chapter, the guarantee of innocence presumption is analysed in the mega police operations. Also, it is shown how the criminal persecution is used as punishment before the final conviction and how brazilian judges suffers from the media and social pressure. The conclusion is the hypothesis that the media exploration of the mega police operations produces a malefical effect on the criminal persecution as it brings an outside pressure over the judges that can’t exist in our processual system as it changes the way the judges act and puts the persecuted in a position of social enemy. It prevents the persecution to work as an instrument for a democratic project in which is included the constitutional objective of guaranteeing fundamental rights, most importantly the individual liberty.