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

Abstract

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.

Keywords

• freedom of the press
• presumption of innocence
• impartial judge
• jury
• substantiation of the decisions