Banca de QUALIFICAÇÃO: MARCELA CARDOSO LINHARES OLIVEIRA LIMA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARCELA CARDOSO LINHARES OLIVEIRA LIMA
DATE: 11/05/2023
TIME: 18:00
LOCAL: Ambiente virtual
TITLE:

CRIMINAL MEDIA POPULISM AS AN OBSTACLE TO STATE PUBLIC SAFETY POLITICS AND THE REDUCTION OF CRIME

KEY WORDS:

Media penal populism. Public security. Crime. Constitution. Democratic state.

PAGES: 166
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present research focuses on the study of media criminal populism and its effects, especially as an obstacle to public security policies of the State and the reduction of crime. In order to study this phenomenon, which originates from and has a strong connection with politics, it is necessary to understand the neoconservative mentality and how it influences the stigmatization of guaranteeism, so that criminal law has an oversized role. Furthermore, outlining considerations on the relationship between media, state and society becomes indispensable, considering that media penal populism operates through these three pillars. In the globalized era, information is disseminated instantaneously and indistinctly, often without the necessary caution, especially in relation to criminal cases, aiming at the audience and the resulting profit, even when they face the Constitution and the very ethical guidelines of journalism, which guarantee the respect to the presumption of innocence. Media criminology, unlike that studied in academia, creates fear and panic in the population by dividing individuals according to the dichotomy of good and evil. Consequently, the popular outcry is the means that society has to seek to appease the strong feeling of insecurity that corrodes it when they consume news about crimes daily several times, so that the request for more severe laws and for sentencing to high penalties to combat the enemies of the state elected by the media becomes the keynote. Any guaranteeing practice or different from what the population claims serves to justify why Brazil is reported by the media as the country of impunity. In view of this scenario, the objective is, by employing the hermeneutic-deductive methodology for the analysis of bibliographic data, doctrine and jurisprudence, as well as by analyzing statistical data and criminal cases of great media repercussion referring to the state of Rio Grande do Norte and to Brazil, to attest that a criminal policy that responds to the popular clamor for criminal recrudescence is not the way to promote the reduction of crime and the increase of public security levels. It is concluded that, in order to reframe reality and gradually put an end to the spectacle of the criminal process carried out by the media, it is necessary to make use of Alexy's balancing of fundamental rights, including to outline guidelines for a new press law after the result of the judgment of ADPF 130 by the STF, as well as the constitutional theory of criminal procedure and the citizen's criminal law, which will also promote an intense process of raising society's awareness about the performance of criminal law within the limits of the Constitution. After all, the judicial process and not the media should occupy the center of the criminal issue, with all the guarantees that the person who occupies a seat at the bench of defendants is entitled to due to his condition of being a subject of rights, in order to avoid injustices, undue precedents and, above all, authoritarianism that jeopardizes the democratic rule of law.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR