A falsa memória da testemunha: a fragilidade da prova testemunhal no âmbito da valoração probatória no processo penal e suas consequências jurídicas
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Date
2021-06-16
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Universidade Católica do Salvador
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.
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Keywords
Processo penal, Prova testemunhal, Falsas memórias, Criminal proceedings, Testimonial evidence, False memories