Spectacularization of Criminal Law: the role of the criminal defense attorney in times of crisis

The growing public interest in productions about high-profile crimes — such as the series “Tremembé”, which portrays the lives of inmates convicted of notorious offenses — reveals a troubling phenomenon: the spectacularization of Criminal Law.
The term describes the creation of legal narratives detached from reality, aimed more at entertainment and media impact than at the effective realization of the fundamental values of the justice system.
Instead of fulfilling its social function — the rehabilitation of offenders, the prevention of violence, and the promotion of legal certainty — Criminal Law is often turned into a stage for public trials and the exploitation of victims.

The Public Trial and the Damage to the Defendant’s Reputation

Cases such as the “Evandro Case”, also improperly known as the “Witches of Guaratuba”, illustrate the destructive power of the media over the reputation of accused individuals.
Media narratives, by labeling and dramatizing facts, often anticipate judgments of guilt and influence public opinion — including that of potential jurors.
In this context, the role of the criminal defense attorney goes beyond technical defense in court. It involves preserving the dignity of the accused, managing reputational crises, and protecting the right to a full defense and to an impartial trial.

The Exposure of the Victim and Profit from the Suffering of Others

The spectacularization of crime affects not only the accused.
The media exploitation of the pain of victims, their families, and friends turns personal tragedies into consumable content.
International cases, such as that of Jeffrey Dahmer, have reignited the debate on ethics in crime storytelling.
After the release of the series about the case, victims’ families denounced the re-victimization caused by the public exposure of private details without consent.
In Brazil, a similar phenomenon can be observed: released defendants who become “celebrities” and profit from their criminal past — reinforcing the need for a critical and ethical legal perspective on the subject.

Conclusion: Upholding the Dignity of Those Involved

As brilliantly stated by Jesús-Maria Silva Sánchez, Criminal Law neither follows — nor should it follow — the pace of social transformations or the public outcry that often drives them.
Therefore, the role of the criminal defense attorney is essential to preserve the dignity of those involved in the criminal process, whether defendants or victims, and to prevent the instrumentalization of cases for media or political purposes.
Thus, ethical and technical criminal defense also aims to prevent both the premature “crucifixion” of the accused and the “exploitation” of victims’ suffering as a form of public entertainment.
Such a stance reaffirms the counter-majoritarian function of criminal advocacy — not in defense of crime, but in defense of legality and due process of law.

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