Erros no reconhecimento pessoal no processo penal brasileiro: análise crítica à luz das falsas memórias e das garantias fundamentais do acusado

Abstract

This final course project proposes to conduct a critical and in-depth analysis of the fallibility of personal recognition in Brazilian criminal proceedings, investigating how its intrinsic fragility is exacerbated by the influence of false memories and state negligence in observing the constitutional guarantees of the accused. The central problem that guides the research questions the extent to which the current practice of personal recognition in Brazil, by ignoring advances in the psychology of testimony and the warnings of critical criminology, violates due process and contributes to the perpetuation of judicial errors, especially against socially vulnerable groups. The methodology employed was based on a critical analysis of criminal doctrine and criminal procedure, in-depth bibliographic research on the psychology of testimony (with an emphasis on the studies of Elizabeth Loftus and Cristina di Gesu), and an analysis of recent case law from the Superior Court of Justice (STJ). As a result of this research, it was demonstrated that the fallibility of personal recognition is aggravated by factors such as time, stress, emotions, and suggestibility, which can lead to the fabrication of false memories. It is therefore concluded that strict compliance with the procedures set forth in Article 226 of the Code of Criminal Procedure, in Resolution No. 484/2022 of the National Council of Justice (CNJ), as well as the recent understanding of the STJ, is indispensable for the validity of the evidence. In this sense, this paper proposes the adoption of technical and scientific parameters, such as the prohibition of show-ups, the irrepeatability of personal recognition, the swift execution of the procedure, and the ongoing training of criminal justice system agents, as essential ways to reduce judicial errors and ensure a more equitable criminal justice system that is aligned with constitutional precepts.