O reconhecimento fotográfico sob suspeita: perspectivas processuais da inobservância do procedimento previsto no artigo 226 do CPP

Abstract

The Federal Constitution of 1988 instituted a sequel of fundamental rights and guarantees, in this regard, since the criminal procedure is correlated to the respective constitutional order, there is a requirement of obedience to the due process of law. In this sense, the main objective of this work is to verify whether the procedural management of a specific means of evidence, that is, photographic recognition, is properly aligned with the accusatory criminal procedural system. To this end, we sought to analyze the methods used to carry out suspect recognition in the police investigation phase, as well as the dilemmas involving the reliability of this procedure. Article 226 of the Code of Criminal Procedure was also explored as its jurisprudential repercussions regarding the interpretation of the rule. Finally, the perspectives of conviction or nullity of a sentence based on photographic recognition were pinpointed. As for the methodology, an analysis of bibliographical and documentary research was adopted, with an interdisciplinary approach in the area of Testimony Psychology. At the end of the research, it was possible to perceive an approximation of the Brazilian procedural system to the inquisitorial bias regarding the management of the analyzed evidence, especially about the failures in the repetition of the procedure in court, as well as the use of the evidence produced in the police investigation to substantiate the condemnatory sentence.