THE INFLUENCE OF THE MEDIA ON CRIMINAL TRIALS IN BRAZIL: A CRITICAL ANALYSIS OF THE SPECTACULARIZATION OF JUSTICE AND ITS IMPACT ON FUNDAMENTAL RIGHTS

Abstract

This article sought to analyze the complex and multifaceted influence exerted by the mass media on criminal trials in the Brazilian context. Based on a qualitative approach, which combines an in-depth bibliographical review of legal doctrine, relevant legislation and communication studies, with the analysis of emblematic criminal cases of great national repercussion, it investigates how media coverage, often guided by sensationalism and spectacularization, impacts the formation of public opinion, the perception of guilt and the conduct of judicial proceedings. It explores the inherent tension between freedom of the press and information, which are fundamental rights in a democratic society, and the need to safeguard equally essential criminal procedural guarantees, such as the presumption of innocence, due process of law, the impartiality of the judge and the right to privacy and the image of those involved. It discusses the phenomenon of “media trials”, which precede and sometimes contaminate the formal judicial verdict, and the contribution of media pressure to the emergence of a Symbolic Criminal Law, focused more on immediate responses to public outcry than on the instrumental effectiveness of the rule. The conclusion is that there is an urgent need to promote a more ethical and responsible journalistic practice when covering crimes in Brazil.