Presunção de inocência na era digital: o coliseu contemporâneo e os algoritmos de exceção

Abstract

The research addresses how digital technologies impact the presumption of innocence, considered a fundamental principle of criminal law. It examines the interaction between social media, the press, and artificial intelligence, and their repercussions on the criminal justice system, especially concerning the presumption of innocence. The method used is dialectical, suitable for exploring contradictions and interactions between technological innovations and legal principles. The study reveals that the digital age negatively reconfigures the foundations of the criminal process, undermining the application of the presumption of innocence as conceived in the liberal paradigm. The analysis highlights how social media and the press often create narratives that contribute to the public's pre-condemnation of the accused, challenging the presumption of innocence. Additionally, the application of opaque artificial intelligence systems focused on judging the individual rather than the facts in judicial decision-making can objectify the accused, turning them into mere data. This process contrasts with the humanistic view of the accusatory system, where the accused is seen as a subject of rights. The urgent need for regulation and control of new technologies and the press to preserve the rights and guarantees of the defendant is emphasized. The research proposes diagnostics, reflections, and suggestions on how to balance technological innovation and fundamental rights. It concludes that it is essential to develop strategies to mitigate the adverse effects of the digital age on criminal justice, encouraging a critical dialogue about integrating these technologies into the legal system without compromising the integrity of fundamental principles