ESPETACULARIZAÇÃO DO PROCESSO PENAL E A CONTAMINAÇÃO DO JUIZ PENAL:

NOTAS SOBRE COMO PRESERVAR O PAPEL CONTRAMAJORITÁRIO DO PODER JUDICIÁRIO

Abstract

This article analyzes the growing influence of the media on the conduct of Brazilian criminal proceedings, with particular attention to its ability to compromise judicial impartiality and weaken fundamental guarantees guaranteed by the Democratic Rule of Law. Drawing on a Freudian understanding of human drives, the article seeks to understand how contemporary media culture commodifies violence and transforms it into a consumer product, profoundly affecting public opinion and, consequently, the performance of criminal judges. The research highlights that the environment of spectacularization, typical of post-democracy, contributes to the relativization of the presumption of innocence, the adversarial system, and full defense, contaminating the criminal process with majoritarian punitive expectations. Therefore, the article proposes the reaffirmation of the counter-majoritarian function of the Judiciary and the adoption of criminal guarantees as a mechanism to curb arbitrariness and preserve judicial impartiality. In the end, it is concluded that resisting the logic of the spectacle and ensuring judgment in accordance with constitutional frameworks is not only a legal requirement, but an ethical-democratic imperative.

Keywords: Impartiality. Media. Criminal Guarantee. Countermajoritarian function.