Os maxiprocessos e a cobertura midiática massiva: A interferência da mídia nos megaprocessos criminais da Operação Lava Jato ocorridos no Brasil a partir de 2014

Abstract

The criminal maxi trial is a concept created by Luigi Ferrajoli, which was a procedural abnormality that is observed firstly in the 70’s, in Italy, but which is also very present in Brazil today, mainly with the formation of mega operations that aim at investigating politicians and businessmen for the crimes of money laundering, bribery and criminal organization, focusing, in this dissertation, on Lava Jato Operation. This abnormality procedure happens within an exceptional State, through the alternation of the reasoning of the punitive power, when the reason of the State is preponderant to the legal one and there is a deviation from the jurisprudential action of the way it should be. Among the five main specificities of maxi trial, this work focuses on massive media coverage, which is characterized by the exacerbated dissemination of information about these processes, both in relation to their nuances and procedures, as well as the exposure time that the viewer is exposed to that content. Added to this is the discourse used by the mass media that there is no due punishment for politicians and businessmen investigated and/or prosecuted in these proceedings. Therefore, we will analyze the role of the media in the social environment, how it creates discourse and the formation of public opinion through the propagation of information. The media does not do it off or without any objective, even if covered by other discourses, such as with economic and political ends. Likewise, many times the guarantees of constitutionally, laid down within the scope of criminal proceedings, are discarded or put in check so that the speech is adhered to by the viewer. After, one should examine the occurrence of the three main effects of this excessive coverage by the mass media, which are the spectacularization of recurrent diligences in criminal procedure or investigations, such as telephone interceptions, searches and seizures, award-winning complaints and precautionary arrests of people who respond to these processes; the ostensive publicity of judgments of these processes and the formation of guilt even before there is a condemnatory criminal sentence; and, finally, the guidance by the media, of the agenda of criminal justice bodies and, at the same time, these guiding the agenda and creating information leak strategies for them. All this will be observed with the investigation of journalistic articles, published since 2014, of the three main electronic newspapers in Brazil, namely: Folha de São Paulo, Estadão and O Globo.