Aplicação prática da presunção de inocência face à publicidade do processo penal na Ordem Jurídica Moçambicana

Abstract

The defendant's presumption of innocence is the guarantee not only of his rights and procedural guarantees, but also of their freedoms, fundamental rights and personality in general. The excessive exposure of the process by the application of the principle of publicity makes the defendant available to the judgment of the legal community, giving rise to the of their rights, freedoms and guarantees. However, even if the presumption of innocence makes on the part of those, there is no direct negative effect of publicizing the case on the same. The result of this is that, unlike what the match could have been, it was not observes a conflict between the publicity of criminal proceedings and the presumption of innocence and, publicity of the case per se does not harm the latter. The presumption of innocence sees its practical application depends on granting the individual the status of defendant, from which the right to defense will arise. This study relied on two methods of approach, namely, the deductive method, which consisted of starting from general premises to reach conclusions private individuals; and the inductive method, by which the inverse path of deduction was followed, making particular findings that led to general theories. Hand was taken from bibliographic research, in which we tried to explore the maximum available bibliography related to the subject matter of this study.