Como a mídia elege e dissemina o inimigo social a influência dos veículos de comunicação no processo penal brasileiro
This thesis aims to investigate the role of the media, conventionally conceptualized as inquisitorial, in electing and disseminating enemies beyond wartime. Covertly wrapped in the mantle of freedom of information, the inquisitorial media celebrates the exploitation of social enemies, who become pub...
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| Formato: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Recursos: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/44194 |
| Acesso em linha: | https://repositorio.pucsp.br/jspui/handle/handle/44194 |
| Access Level: | acceso abierto |
| Palavra-chave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Direito penal do inimigo Direito processual penal Inimigo Mídia Criminal law of the enemy Criminal procedural law Enemy Media |
| Resumo: | This thesis aims to investigate the role of the media, conventionally conceptualized as inquisitorial, in electing and disseminating enemies beyond wartime. Covertly wrapped in the mantle of freedom of information, the inquisitorial media celebrates the exploitation of social enemies, who become publicly execrated and feature in criminal proceedings stripped of necessary constitutional guarantees. Thus, the principles of human dignity, due process, and presumption of innocence are called into question. This research intends to demonstrate the dogmatic and principled similarity between the theory of criminal law of the enemy, with markedly Nazi traits, and the inquisitorial media. Both conceptualize, elect, and propagate the enemy’s figure to be fought, humiliated, annihilated, or reduced to total impotence, under the connivance and ratification of popular outcry. In both propositions, the enemy is denied the condition of personhood. They are only considered as being dangerous or harmful. Finally, in both hypotheses, the state of exception, emergency, and celerity will dictate the procedural rite for their extinction. Based on these findings, the proposal expressed here also discusses the extension of the concept of the enemy in today's social universe, which is increasingly receptive to opportunely recognizing and assimilating new configurations of hostile beings who deserve differentiated treatments as non-citizens. To what extent are newspapers and journalists privileged accomplices to this audacity? How often are they true agents provocateurs of the debasement of due legal process? What is the exact pressure of spectacularization and immediacy on the social duties of the profession? How influenced are judges by the sensationalism created by the media? The election and dissemination of the enemy through the media affect criminal trials and the relaxation of criminal dogmatics, deprived of constitutional guarantees and increasingly converted into parallel criminal law |
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