Pós-modernidade penal : a influência da mídia e da opinião pública nas decisões do tribunal do júri

Abstract

The hypothesis developed in this work is that, in the context of post- modernity, while the jury is raised to the status of constitutional entrenchment clause and recognized as a fundamental guarantee individual freedoms, paradoxically in their practice conformation It was being, in many cases, used as true apparatus of repression, as a violation of precisely the right instrument by which the Federal Constitution instructed him to ensure. In other words, the jury would be democratic in legal discourse, however deeply authoritarian in praxis. It will investigate, primarily as public opinion and the media, driven by deep social, historical and cultural changes promoted by the late modernity , influence the jury \'s decisions and how this influence compromise your function of protecting fundamental rights, reason for being the state organization.