O depoimento infantil e as falsas memórias nos crimes contra a dignidade sexual

Abstract

The purpose of this work is to study the procedures used by Criminal Procedural Law to identify False Memories in child testimonies. It aims to carry out an analysis to ascertain the failures of the Brazilian criminal system in prosecuting and judging crimes of child sexual abuse. It is essential to analyze the incidence of the phenomenon of False Memories in children, showing the implications of this phenomenon within the Criminal Procedure. In fact, it is essential to analyze the scientific foundations that lead the human mind to produce the False Memories and in whom they are most present; in addition to identifying which procedures should be avoided so as not to contaminate the criminal evidence; and to study how the current methods of conducting the collection of the child's testimony identify the false memories. For this, it was necessary to use the bibliographic review, consulting names of relevance within Psychology and Criminal Law, highlighting the interdisciplinarity of the subject. A comparative study of the Criminal Procedural Law of other countries was also carried out in order to identify the techniques used by them so that there is no contamination of the evidence and, therefore, the real reach of justice, avoiding the condemnation of innocent people.