Notícias da prisão: justiça e vingança no enquadramento jornalístico das prisões de natureza cautelar

Abstract

This research proposed is to gather some news about on remand prisons that occurred in the context of three criminal cases with huge media coverage (Narciso case, Satiagraha case and Eliza Samudio’s case), between 2005 and 2016. The reports about these events were published on websites as well as in newspapers available on the internet. From these gathered news, we can analyse how criminal procedure legal concepts are translated for society that uses the media as their primary source of legal information. The purpose was to answer the following questions: What is the framework given by the news about the on remands prisons within in the context of these three criminal cases? How does the overexposure waged by the wide media coverage of the arrests, put forward a discussion about justice and its foundations, the culpability of the person detained and thus to promote a public sentencing prior to the end of the criminal procedure? The hypothesis confirmed by the research was that the journalistic translation of the legal phenomenon (specifically on remands prisons) ends up creating in the collective imaginary a perception of a legal practice that does not properly match the criminal law procedure. This result betrails the legal discourse translated by the news and does not encourage its critical analysis. The treatment of the legal fact – on remand prisons - by the media does not clarify the provisional nature of this institution, disclosing the "criminal" to a social condemnation, in which the out-of-court imposed sanction is shame. Social condemnation detached from the conclusive criminal investigation is hardly erased, even when not confirmed by the sentence.