The influence of the media in the jury court: an approach on the impact of the presumption of innocence principle

Abstract

The present study aims to analyze the influence of media in the Jury Court and its implications for the principle of presumption of innocence. Demonstrating how the exacerbated media coverage in cases of great repercussions can shape public opinion, anticipating trials and convicting the accused even before the adversarial, since it compromises the impartiality of jurors. For this, the historical context and the procedure of the Jury Court were addressed, as well as analyzed the principles that govern this institute, especially, the presumption of innocence and freedom of the press. From this analysis, it was verified that both are fundamental pillars of the Democratic State of which in turn can often conflict. For the purpose of this study, the inductive method was used, with a qualitative approach, descriptive and explanatory, using the procedure of bibliographic and documentary research for information collection. Concluding the need to find a balance that guarantees both freedom of the press and the right to presumption of innocence, in order to resolve the collision of these fundamental rights, and for that, using weighting according to the circumstances of the particular case.