A sociedade aberta de telespectadores: televisionamento, opinião pública e legitimidade da jurisdição constitucional

Abstract

This study's purpose is televising courts. It is divided into three parts. The first part of a descriptive nature, reveals the arguments for and against the use of cameras in trials. Then analyzes the experiences of the United States, UK, Canada, Mexico and international courts, involving the transmission of cases. The closure of the third part is performed with review of empirical and behavioral studies on the impact of the cameras. The second part of the thesis is dedicated to the analysis of TV Justice. The quantitative study demonstrates the significant growth in the size of the Supreme Court judgments when comparing the periods before and after the advent of televised. The comparison of the data with the use of judgments in habeas corpus, trial by classes without televising reinforces the established correlation. From a qualitative point of view, it identified the importance of the social dimension of the vote in court, expressed by (i) pedagogical court concern, (ii) the use of extrajurídicos arguments in reasoning, and (iii) the sensitivity to public opinion. The third part of the thesis develops a defense of televising within the constitutional jurisdiction, doing it for four reasons: (i) obtain public loyalty, (ii) the possibility of obtaining hermeneutical gains, (iii) the creation of a new civic microgap and (iv) the importance and necessary consolidation of democracy through the dissemination of its core values. The conclusion is that the televising of courts is a political decision of each society, which must weigh the contrary and favorable arguments. However, the televising of constitutional courts appears to be an important step forward for all societies. In this sense, the Justice TV can be seen as the great contribution of the Brazilian constitutionalism to the world