JURY TRIAL: THE INFLUENCE OF MEDIA ON JURORS' OPINION

Abstract

This study aims to analyze the influence of media on the formation of jurors' convictions in jury trials, considering the impacts of this interference on the impartiality of the trial and the effectiveness of the fundamental guarantees of the Brazilian criminal process. The jury trial, guaranteed by the 1988 Constitution of the Federative Republic of Brazil (article 5, XXXVIII, subparagraphs a, b, c, and d), is based on popular participation and the sovereignty of verdicts, requiring that the jurors' decision be based exclusively on the evidence produced. However, the intense media exposure of high-profile criminal cases can contribute to the formation of prejudgments and influence the jurors' personal convictions. The research was developed using a qualitative approach, with a deductive method and bibliographic and documentary review, utilizing doctrine, legislation, and jurisprudential understandings related to the topic. This study seeks to understand the limits of press freedom in relation to the fundamental rights of the accused, especially the presumption of innocence, due process, and the impartiality of the trial. It concludes that media influence represents a significant challenge to the contemporary jury system, requiring mechanisms capable of balancing freedom of information and the guarantee of fair trials.