THE (IN)EFFECTIVENESS OF COMPETENCE DISPLACEMENT IN CASES OF MEDIA REPERCUSSION: A JURISPRUDENTIAL ANALYSIS

Abstract

This article intends to analyze whether the institute of displacement of competence effectively achieves the objectives for which it was designed or whether it is limited by intense media exploitation, paying attention to the jurisprudential understanding of the institute, with an approach in cases of media repercussion. To this end, we first analyze media activity, highlighting its introductory aspects, the rights guaranteed and its social function. Next, the Jury Court was approached, presenting its general aspects and the constitutional principles that guide it. Finally, two cases will be analyzed, which exemplify the influence of the media on the criminal process and the application of the jurisdiction shift institute in practice, based on jurisprudential analysis. Regarding the methodological aspect of the article, a descriptive methodology was adopted with a qualitative focus, using varied sources, such as academic articles, books and reference doctrines in the legal field, as well as relevant jurisprudence, especially with regard to the institute of relaxation and its application.