Against midiatic speech: a guarantistic perspective of the police chief’s role

• Main Authors: Soraia da Rosa Mendes, Patrícia Tiraboschi Burin
• Format: Article
• Language: Spanish
• Published: Instituto Brasileiro de Direito Processual Penal 2017-06-01
• Series: Revista Brasileira de Direito Processual Penal
• Subjects: Ações policiais; prisões; espetaculização; liberdade de imprensa; garantias fundamentais; dignidade da pessoa humana; autoridade policial.
• Online Access: http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/66

Regarded the general interest for the police actions, specially the arrests, its seems natural that the media, acknowledging its freedom, intends to broadcast the operation’s results. Considering the police’s praxis of exposing the arrested soon after the capture, transforming this procedure into a not always admissible spectacle, and considering the constitutional rights of the person arrested, specially his/her dignity, the presumption of innocence and his/her privacy rights (which are not restricted not even when condemned definitely), this article aims to discuss, based upon doctrinaire studies, how should the police authority act in such cases. It questions if there is any circumstance in which it is admissible to expose the arrested’s image to the media. The hypothesis is that the police must protect the privacy of the arrested person, unless its exposure is necessary for the success of the investigation.