Fatores que afetam a confiabilidade do reconhecimento de pessoas: uma análise das falsas memórias e da desobediência das regras do procedimento probatório

Abstract

The present work aimed to analyze factors that affect the reliability of people recognition from the effects of false memories and disobedience of the rules of evidentiary procedure. in the first chapter it was examined which types of criminal procedural systems exist and which one is adopted in Brazil. In addition, considerations were made on the principles applied to evidence in criminal proceedings. In the second chapter, the institute of recognition of people was analyzed, a typical means of proof, whose proceduralization is outlined in art. 226 of the Criminal Procedure Code. In addition, controversies were presented that doctrinaires observe on the subject in order to make an analysis on the conduct of the procedure. Arriving at the third chapter, the discussion took place regarding the consequence of disobeying the rules laid down in the norms that end up making people's recognitions flawed, and in the same chapter the effect of false memories on recognition procedures was discussed. Therefore, the research used the inductive approach method, as well as the comparative and monographic procedure methods and the bibliographic and jurisprudential research techniques. In the end, it was concluded that, the way in which the rules of the Brazilian legal system are arranged, it can lead the authorities to carry out the personal recognition, disrespecting inherent principles of the law, and one should not blindly trust this type of evidence and use it as the only basis for define a conviction