A influência da mídia na individualização judicial da pena

Abstract

The media nowadays, acquired great power of selectivity. Thus accompanying criminal cases exhaustive and sensationalist. Indeed, the speech media, either by repetition or by appealing manner as shown has the power to penetrate the social environment so as to condition, even if implicitly, certain actions. Accordingly the judge who is not totally hermetic pressure caused by social media can give, even unconsciously, to this public outcry, because acting differently is a risk of corrosion of their authority by discrediting popular. Therefore the judicial individualization of the penalty which is a highly discretionary step becomes susceptible to media appeal. Despite the judicial process individualizing pen essentially be a discretionary activity, not to be confused with arbitrariness, since there are beacons legal and doctrinal parameters. These parameters with emphasis on doctrine are that the present study aimed to analyze the possible influence of the media on judicial individualization of punishment. Therefore the work was divided into three chapters. In the first, he performed the constitutional principle of individualization of punishment. Then stood out so that the judge robin performs judicial individualization of the penalty jury. In the second chapter the focus was the role of the media in the face of criminal cases and its effects on judicial individualization of the penalty. Finally it is the third chapter of the core work. That’s because we analyzed the individualization of judicial penalty emblematic criminal cases that could represent the issue of media appeal in comparison with the individualization deemed appropriate by the doctrine.