The influence of the media on criminal prosecution and its impacts on the (IM)partiality of the jury trial: a case study of the trial of the Kiss nightclub tragedy

Abstract

This study analyzes the influence of media on criminal prosecution, with an emphasis on the possible impacts of media exposure on the impartiality of the Jury Court and on the presumption of innocence. It starts from the understanding that, in high-profile criminal cases, the widespread dissemination of news, images, and commentary can contribute to the formation of prior social judgments of guilt, even before the conclusion of the judicial process. In this context, the Kiss nightclub fire case was adopted as a case study due to its national repercussions, the social commotion caused by the tragedy, and the submission of the accused to the Jury Court. The research has a qualitative approach, of a descriptive and exploratory nature, with quantitative-descriptive support in the analysis of data obtained through a questionnaire applied to 85 participants. Bibliographic and documentary research, case study, and analysis of the collected responses were used, with the aim of understanding the relationship between media, public opinion, criminal prosecution, and fundamental guarantees. The results indicated that the participants were familiar with the case, having come into contact with it mainly through television programs, news portals, and social media, and recognized the influence of media coverage on social perception of the accused. It is concluded that freedom of information, while essential to a democratic state governed by the rule of law, must be balanced with the protection of the presumption of innocence and the impartiality of the jury trial.