THE PRINCIPLE OF PRESUMPTION OF INNOCENCE: THE IMPACT OF SOCIAL MEDIA ON PUBLIC JUDGMENT AND INDIVIDUAL SECURITY
DOI:
https://doi.org/10.51891/rease.v11i11.22003Keywords:
Presumption of innocence. Freedom of expression. Fundamental rights. Social media. Media trial.Abstract
This work addresses the study of the principle of presumption of innocence, which constitutes one of the fundamental pillars of Criminal Law and Criminal Procedure Law, ensuring that no individual will be considered guilty until a final and unappealable criminal conviction. This principle is expressly provided for in Article 5, item LVII, of the Federal Constitution, which establishes: "no one shall be considered guilty until the final judgment of a criminal conviction." However, technological advancements and the massive use of the internet have contributed to the premature exposure of criminal cases, which often become the target of biased and premature public judgments. This phenomenon compromises the impartiality of the process and jeopardizes the legal security of the individual who, even without a formal conviction, is already stigmatized in the eyes of public opinion. The methodology used was based on bibliographic and doctrinal research, focusing on authors who address the principle of presumption of innocence and its relationship with the media and social networks. The reading of these works served as a theoretical basis to understand how technological advancements influence public judgment and the practical application of this principle in Brazilian law.
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Atribuição CC BY