Os infiltrados: Limites legais e éticos da atuação da "imprensa investigativa no Brasil"

Abstract

Techniques such as using hidden cameras or voice recording have become widely used
instruments of investigative journalism both in Brazil and other countries, such as France. With the aim of breaking stories about illegal conduct, the media has assumed the role of an “investigative press”. These “scoops” are obtained in a far from orthodox fashion, returning us to the old dilemma: what are the limits of a free press and, more specifically, what parameters should be used for journalist work? Indeed, do any such parameters exit? If they do, under what legal and moral order are they classed? In the current context, since the Brazilian Press Act (Law 5.250, of 1967) was revoked, press freedom has been addressedonly in the sphere of the Federal Constitution, as a fundamental right, and treated by the Supreme Federal Court as a practically limitless “super right”. There are, however, other fundamental rights often affected by excessive media actions. The central question proposed in this study is: when using methods of dubious merit, is the media providing a service or disservice to society? Is it invading the authority attributed in the constitution and by law to the civil and federal police forces and the federal prosecution service to perform criminal investigation work? Moreover, does this “vigilante” behaviour surpass or violate legal and
ethical limits?