A falsa memória da testemunha: a fragilidade da prova testemunhal no âmbito da valoração probatória no processo penal e suas consequências jurídicas

Abstract

In the context of evidential valuation in criminal proceedings, testimonial statements have raised questions about their credibility, as they stem from human memory, which is subject to contamination by factors foreign to the proceedings, namely, the incidence of false memories. In view of this reality, in criminal prosecution, it is up to the subjects who make up the procedural system to consider the occurrence of this phenomenon, due to its fragility that reflects at the time of its assessment, thus aiming to ensure a better quality of this source of evidence. Thus, this article aims to analyze the repercussions of false memories in the context of evidential valuation in relation to testimonial evidence from the perspective of the criminal procedural doctrine. The methodological trajectory of this article went through, firstly, considerations about evidence, conceptualizing and classifying the types of evidence, and their systems of assessment. After that, the testimonial evidence itself was faced, covering its characteristics and its valuation. In false memories, the cognitive aspects, theories and psychological factors that interfere in the testimonial evidence were treated. Finally, false memories and their repercussions in the criminal process were discussed. in the testimonial evidence. Finally, it is concluded that testimonial evidence is a fragile source, susceptible to failures, which needs a critical approach in the context of criminal proceedings so that the consequences of false memories can be minimized, seeking to ensure greater credibility to the testimony.