A subversão do princípio da publicidade no processo penal

Abstract

The principle of publicity in the criminal process has been distorted to the satisfaction of media, especially the sensationalist. In this way, this principle assumes a distinct function whereby it was legitimated by history. The principle of publicity is a guarantee of the citizens against the punitive and persecutory powers of State. It doesn’t only give ways of defense, by the knowing of the punitive claim, but also materializes the republican ideal of transparency of official acts. Therefore, when it serves to the public and unreasonable exposure of criminal cases and its protagonists, the principle of publicity doesn’t achieve its main functions. There from the subversion, whose consequences are found in the particular criminal procedure as well as in whole society, target of information, who, frightened by the discourse of fear, will endorse palliative politics of crime combat. On the other hand, the media cannot be silenced, because the crime, as a component of day-to-day, is news. Thus, the ways to disclose the crime news must be rectified, by the discussion of ethics, which includes the periodicity, the attention that is given to criminal news and the underlying discourse. Relevant, in this way, the analysis of press ethical rules, essence of democratic journalism. Mandatory, on the other hand, the revision of juridical limits of principle of publicity, harmonizing to the exercise of journalism, whose ethical performance converges perfectly with the deontology of the criminal process in a democratic State