FREEDOM OF THE PRESS AND LABELING THEORY: AN ANALYSIS OF THE CONSEQUENCES OF THIS RELATIONSHIP IN BRAZIL BASED ON THE ELIZA SAMÚDIO CASE

Abstract

This paper analyzes the influence of media coverage on the criminal trial of high-profile cases, using the murder of Eliza Samúdio as a case study. The research adopts a theoretical and empirical approach, starting with a review of the legal foundations of criminology, procedural criminal guarantees, freedom of the press, and the operation of the Jury Court in Brazil. The study highlights that the narrative constructed by the media was based on stigmatization and victim-blaming, while the defendant, former goalkeeper Bruno Fernandes, was often portrayed more neutrally. This narrative disparity exposed elements of labeling theory, revealing how the media reinforces gender stereotypes and undermines fundamental rights such as the presumption of innocence and the impartiality of the trial. It was observed that intense media exposure created a parallel trial environment, influencing public opinion, pressuring lay jurors, and fostering prejudgments. The study concludes that although freedom of the press is an essential right in a democracy, its irresponsible exercise can conflict with constitutional guarantees, generating imbalances and impairing due process of law. Therefore, it emphasizes the need for measures that reconcile freedom of expression with informative responsibility, preserving the dignity of victims and the impartiality of Justice.