A falibilidade do reconhecimento fotográfico como meio de prova no processo penal brasileiro

Abstract

This article aims to analyze the photographic recognition as a valid means of evidence in the Brazilian Criminal Procedure, as well as how it can present flaws. It also aims to examine the real procedure adopted in the applicability of this evidential tool, in addition to discussing the procedure established by the Code of Criminal Procedure for the use of recognition. To this end, a logical-deductive approach is used, employing the method of bibliographic and normative review, without prejudice to case law research on decisions and consolidated understandings of the higher courts on the matter addressed herein. The work concludes that photographic recognition is pertinent as a suitable means of proof in criminal procedure, however, indicating possible flaws or nullities in its use.