THE INFLUENCE OF INFORMATION SHARING ON SOCIAL MEDIA ON CRIMINAL PROSECUTION AND THE IMPARTIALITY OF THE CRIMINAL PROCESS

Abstract

The expansion of digital platforms has altered the way information circulates in society, impacting the Brazilian criminal justice system through the spectacularization of criminal cases. Given this scenario, the research delineates as its central problem to investigate how the exposure of crimes promoted by social networks compromises the impartiality of judges and the fundamental guarantees of the accused individual. The general objective is to analyze how the massive dissemination of information on social networks distorts the justice system, compromising the impartiality of the criminal process and the principle of the presumption of innocence. As specific objectives, it seeks to examine the evolution of social networks as tools for criminal disclosure, investigate the impacts of digital pressure on procedural actors, demonstrate the violation of fundamental rights in high-profile cases, and point out legal mechanisms to mitigate this interference. The adopted methodology consists of a qualitative bibliographic review. The conclusions indicate that excessive media exposure and the formation of virtual tribunals generate anticipated social convictions, violating the presumption of innocence and negatively influencing the neutrality of judges. It is concluded that the application of procedural mechanisms, such as judicial secrecy and legal accountability, is essential to guarantee the balance between the right to information and the protection of constitutional guarantees.