Reflexos do populismo penal midiático no poder legislativo brasileiro

Abstract

This research aims to study the effects of criminal media populism in the Brazilian Legislative Branch, in order to understand if - and to what extent - the process of drafting bills is influenced by agenda-setting, punitive discourses and media criminology. To this end, using bibliographic and documentary research techniques and the inductive method, a content analysis was carried out on all criminal law bills, and their respective justifications, proposed in the National Congress in 2020. From the tabulation of the data, it was possible to verify that the disparity between the proposals that adopt the criminal resurgence line and those that follow the penal minimalism, showing that the Legislative Branch has adopted a punitive trend. Based on the verification of the number of proposals elaborated from a given fact that has gained a lot of repercussion, it was also demonstrated that the National Congress follows the media agenda. Finally, the justifications showed that parliamentarians are influenced by criminal populism and adopt media criminology, using emotive, punitive discourses and without further technicalities, which intend to resolve the criminal issue through a mere criminal intensification.