A fragilidade do reconhecimento pessoal como meio de prova penal sob a perspectiva da memória humana

Abstract

The present study intends to problematize the fragility of personal recognition as a means evidence from the perspective of the fallibility of human memory. In principle, it will an analysis of the authorities' failure to comply with the procedure provided for in article 226 and 228 of the Criminal Procedure Code, in carrying out this probative means. Such formalities are minimum requirements and which must be observed by drivers responsible for administering the recognition, according to the recent precedent set by the 6th STJ class on the subject in HC nº 598.886/SC. Furthermore, it will be discussed about the repercussion that this decision had in some Brazilian courts, given that it is quite common for themselves carry out informal recognitions, that is, recognitions that despise the procedure provided for in the Criminal Law. However, in addition to non-compliance with the procedure legal, will be analyzed a factor immensely despised by the authorities that carry out the recognition, but of enormous relevance to this test: human memory, a variable complex and prone to failure. In addition, the other internal and external factors that can influence it and that are liable to generate false memories that contaminate the recognition procedure and can lead to false recognitions. search, therefore, analyze these factors and expose the serious consequences that the error, resulting from a false recognition, can generate for the unjustly accused individual and for society, as well as the possible solutions to obtain greater credibility of this medium probationary