A falibilidade dos procedimentos de reconhecimento pessoal adotados no Brasil e as recomendações da psicologia do testemunho: uma proposta de alteração do código de processo penal

Abstract

The present research aims to analyze the fallibility of the procedures for recognizing people employed in Brazil and the recommendations made by the Psychology of the Testimony in order to improve the techniques used in suspect identification, proposing, in the end, changes in the Code of Criminal Procedures. The goal was to demonstrate how the application of scientific assumptions can contribute to the reduction of undue convictions based on false personal recognition, as well as in the identification of true criminal authorship. To this end, the low quality in the production of recognition in Brazil will be analyzed, both at the normative and practical levels and the consequent risks, as well as to verify how the Psychology of the Testimony and the knowledge about false memories can contribute to criminal prosecution with greater credibility in the face of recognition. The study was carried out mainly through bibliographic research, also using secondary data and also covering legislative and jurisprudential analysis on the matter in Brazil, as well as the examination of comparative legislation, in order to visualize international advances in standards and protocols, and statistics that demonstrate by themselves the relevance of the debate.