THE INFLUENCE OF THE MEDIA ON THE BRAZILIAN JURY TRIAL: THE BOATE KISS CASE AS A CASE STUDY

Abstract

This article addresses the influence of the media on the Brazilian Jury Tribunal, focusing on the Kiss Nightclub fire as a case study. The research discusses the impact of media exposure on juror impartiality in high-profile trials, considering the rapid expansion of mass media and social networks in the contemporary landscape. The research problem centers on understanding how the media interferes with the formation of jurors' convictions and to what extent this influence compromises the fundamental principles of the Jury Tribunal—specifically the presumption of innocence and procedural impartiality. The study's general objective was to critically analyze media influence on the Brazilian Jury Tribunal, identifying the effects of public opinion and news coverage on the formation of premature public judgments. Regarding methodology, the research employs a qualitative approach based on bibliographic and documentary analysis, utilizing books, scientific articles, court rulings, news reports, and documents related to the Kiss Nightclub case. The results demonstrated that intense media coverage can influence public perception regarding guilt and criminal liability, exerting indirect pressure on jurors and compromising the neutrality required for a fair trial. The study concludes that the increasing mediatization of criminal proceedings poses a significant challenge to the constitutional guarantees of the Jury Tribunal, highlighting the need for more effective mechanisms to safeguard trial impartiality.