O risco de condenações arbitrárias baseada em falsas memórias: caso maníaco da moto em Fortaleza

Abstract

This study aims to discuss the phenomenon of false memories in arbitrary convictions, starting from the research question: how does the word of the vulnerable and the false memories influence the conviction of an innocent person? Starting from the specific verification of the case of the "Motorcycle Maniac" in Fortaleza, and the research of Elizabeth Loftus, Lilian Stein and Innocence Project Brazil about the significant numbers of convictions based solely on the word of the victim, and later proven by testimonial evidence and expert examinations that the authorship of the crime was, in fact, another individual, it was sought as a general objective to discuss how the word of the vulnerable victim of sexual crime can be influenced by false memories and how this can generate arbitrary arrests and convictions. The aim was to demonstrate that even though there is no hierarchy of evidence, there is a higher valuation of testimonial evidence, which in a precarious investigation system like the Brazilian one, becomes more likely to generate arrests of innocent people. Thus, we have as specific objectives to analyze the sexual crimes and verify the occurrence with vulnerable people, map arbitrary convictions for sexual crimes of vulnerable people generated by false memories, as well as investigate the Motorcycle Maniac case and the consequences of a conviction based on false memories. Finally, it was used as methodology bibliographical, exploratory and inductive research.