Banca de DEFESA: MARCELA CARDOSO LINHARES OLIVEIRA LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARCELA CARDOSO LINHARES OLIVEIRA LIMA
DATE: 09/06/2023
TIME: 10:00
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: 174
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present research focuses on the study of criminal media populism and its effects on the area of criminal law, mainly because this phenomenon represents an obstacle to public security policies of the State and to the reduction of crime. The research is developed from theoretical variables of penal populism, so that, in order to study this phenomenon, which has its origin and strong connection with politics, it is necessary to understand the neoconservative mentality and the way it influences the stigmatization of guaranteeism, so that the criminal law starts to have its oversized function. Even considering the strong conceptual link between populism and fascism, one sees the need to look into the relationship between media, state and society, since media penal populism operates through these three pillars. The instantaneous way of disseminating information about criminal cases, even if it confronts the Constitution and the ethical guidelines of journalism guaranteed respect for the presumption of innocence, and the consequent popular outcry for criminal resurgence are problems faced by this research, since they made up the media penal populism. In this context, media criminology, which creates fear and panic in the crowd by dividing individuals according to the dichotomy of good and evil, will also be studied throughout this work. Given 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 regarding the state of Rio Grande do Norte and Brazil, to demonstrate that a criminal policy that responds to the popular clamor for criminal recrudescence is not the way to promote the reduction of criminality 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 criminal proceedings carried out by the media, it is necessary to make use of the consideration of fundamental rights, including to outline guidelines for a new press law after the non-reception of the Law nº 5.250/67 by the Constitution of 1988. The constitutional theory of the criminal procedure and the criminal law of the citizen will be pillars listed as able, by this research, to promote an intense process of awareness of the society about the performance of the criminal law within the limits of the constitution and in accordance with its precepts and principles. It is also concluded that the judicial process – and not the media – criminal accusatory must occupy the center of the criminal question, with all the guarantees that whoever occupies a seat in the dock is entitled due to the condition of being a subject of rights. Therefore, injustices, undue precedents and, above all, authoritarianism as direct legal consequences of a criminal populist mentality will be avoided, safeguarding the democratic state of law.

COMMITTEE MEMBERS:
Externa à Instituição - MANUELA ABATH VALENÇA
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR