FREEDOM OF THE PRESS VS. PRESUMPTION OF INNOCENCE: THE ESSENTIAL BALANCE POINT IN THE JURY

The aim of the present essay is to analyze the conflict between the freedom of the press, which is guaranteed by the Constitutions of Brazil and Portugal, and the defendant’s rights, specially the due process of law and the impartial judge. Therefore, an option to restrict the study to the Jury was...

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Bibliographic Details
Main Author: Túlio Felippe Xavier Januário
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2019-04-01
Series:Revista Eletrônica de Direito Processual
Subjects:
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/34107/29510
Description
Summary:The aim of the present essay is to analyze the conflict between the freedom of the press, which is guaranteed by the Constitutions of Brazil and Portugal, and the defendant’s rights, specially the due process of law and the impartial judge. Therefore, an option to restrict the study to the Jury was made, because in this institute the problematic is potentialized, before its particularities and to the systematic of the members’ decision. So, after a brief historical introduction, a study of the current situation of the Jury in Brazil and Portugal will be made, presenting its critical fundaments and the possible solutions to this issue.
ISSN:1982-7636