INFLUÊNCIA INQUISICIONAL NO SISTEMA PENAL BRASILEIRO E NO INQUÉRITO DAS FAKE NEWS

Abstract

The intervention of the Inquisition in world history brings to the collective imagination a certain anguish,even if undeserved, and also suggested in the national penal system. The present work analyzes the historical aspect of the procedural molds of the Inquisition and relates them to the Fake News Inquiry; examines, demonstrates and clarifies the different forms adopted by the ecclesiastical judicial organization created during the twelfth and thirteenth centuries in the fight against heresy or to prevent its spread, in the Medieval Inquisition, in the Spanish Inquisition and in the Portuguese Inquisition from a procedural point of view and historical; seeks to make an exposition of the actuality of the Inquisition in the Brazilian penal system, with examples: the police investigation, the indictment of the author, the complaint; directly relating to the “Fake News” Inquiry and the “Daniel Silveira” case. To prepare this article, bibliographical, documentary, descriptive and qualitative research will be used, with studies of scholars and Constitutional matters being addressed. It became clear, therefore, that the Inquisition was nothing more than a procedural advance in world history. However, nowadays the “Fake News” Inquiry, which by the word should be a procedural step arising from the Inquisition, since its inception,violates the Constitution and goes so far as to extrapolate, in many respects, problems that not eventhe Inquisition had.