Abstract

SOUZA, Artur César. Marielle Franco Case - Tension between the secret of justice and press freedom (proposal for socio-legal dialogue between constitutional principles). Cuest. Const. [online]. 2020, n.43, pp.481-513.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15192.

The death of Brazilian PSOL Councilwoman Marielle Franco and her driver Anderson Gomes on March 14, 2018 in Rio de Janeiro, Brazil, has gained national and international repercussions, especially because of doubts. legitimacy of the investigative procedure carried out by the Brazilian police. It is suspected that the murder was commissioned by political enemies from the Rio de Janeiro militia, causing serious damage to human rights and the Brazilian democratic system. From this case, it is intended to analyze the prohibition of disclosure of the evidential elements inserted in the police investigation due to the secret of justice decreed by the Brazilian magistrate that conducts the criminal proceeding, causing some tension between the principles of freedom of the press and due process. cool. Finally, safeguarding the health and effectiveness of both principles, we present (sub-censorship) a possible socio-legal solution in which the essence of one of the principles is not subjugated by the other. In this sense, while not supporting any prior censorship of the media, it is argued that the disclosure of probative content protected by the secrecy of justice (due legal process) may characterize the uselessness of the evidence. To this end, it uses an inductive methodology and a bibliographic review of comparative law as a way to support the foundations presented for the solution of the question.

Keywords : Marielle Franco; freedom of the press; due process of law; proof; uselessness.

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