Uma violação ao princípio da presunção de inocência extraprocessual: a condenação midiática e social antecipada

Abstract

Expressed in the Brazilian Federal Constitution of 1988 (art. 5, LVII), as well as in numerous international treaties, the principle of the presumption of innocence safeguards the guarantee of non guilt of the individual until the final and unappealable judgment of the criminal conviction. However, to the detriment of the sensationalist media exposure of the investigated and its influence on the formation of public opinion about the authorship of the crime, the presumption of innocence as a rule of treatment in the extra-procedural sphere is ineffective. Thus, this article has the scope of analyzing the violation of the principle of non-culpability as a result of the media exposure of the investigated, with the fulcrum in the case of Escola Base, from 1994, São Paulo capital, and the respective impacts generated by biased criminal journalism, in addition to the promotion of harmony between the presumption of innocence and the media.