dc.description.abstract | The media nowadays, acquired great power of selectivity. Thus accompanying criminal cases
exhaustive and sensationalist. Indeed, the speech media, either by repetition or by appealing
manner as shown has the power to penetrate the social environment so as to condition, even if
implicitly, certain actions. Accordingly the judge who is not totally hermetic pressure caused
by social media can give, even unconsciously, to this public outcry, because acting differently
is a risk of corrosion of their authority by discrediting popular. Therefore the judicial
individualization of the penalty which is a highly discretionary step becomes susceptible to
media appeal. Despite the judicial process individualizing pen essentially be a discretionary
activity, not to be confused with arbitrariness, since there are beacons legal and doctrinal
parameters. These parameters with emphasis on doctrine are that the present study aimed to
analyze the possible influence of the media on judicial individualization of punishment.
Therefore the work was divided into three chapters. In the first, he performed the
constitutional principle of individualization of punishment. Then stood out so that the judge
robin performs judicial individualization of the penalty jury. In the second chapter the focus
was the role of the media in the face of criminal cases and its effects on judicial
individualization of the penalty. Finally it is the third chapter of the core work. That’s because
we analyzed the individualization of judicial penalty emblematic criminal cases that could
represent the issue of media appeal in comparison with the individualization deemed
appropriate by the doctrine. | |