Influência midiática na decisão do juiz togado: o caso da boate Kiss

Abstract

The Jury Court is something that arouses curiosity, whether because it is the responsibility of lay judges or because it covers crimes that affect the most relevant legal asset: life. The emergence of the Jury Court in society is still somewhat contradictory, however, there is agreement in stating that popular courts have always existed. The problem that guides this work is: How do media influences impact the judge's decisions? In which we seek to analyze how these impact the decisions of the judge. Initially, the institute of relief is treated as a hypothesis for the research problem. However, it appears that in the case of cases that are nationally and internationally known, such as the Kiss nightclub, our object of study, this hypothesis ends up not being a viable measure. In this way, the limitation of the media to criminal cases is presented as a second hypothesis to the problem. The work is divided into three parts: in the first chapter, the contextualization of the Jury Court is discussed. The second chapter deals with the constitution of the media and its introduction in Brazil; In the third chapter, the objective is to discuss the characteristics of possible intent and conscious guilt based on the object of study: Boate Kiss. It is possible to verify that the external environment influences the decisions of the judge, as it can change the criminal course from one crime to another