Regras do jogo: o uso do reconhecimento fotográfico como meio de prova em inobservância as regras do Código de Processo Penal

Abstract

The Code of Criminal Procedure sets the rules to be followed in the procedure for identifying individuals; however, these formalities are not always observed. Furthermore, the CPP does not establish a specific rule for identification through photographs. Therefore, the procedure already provided for identifying individuals should be applied. Photographic identification requires caution to avoid judicial errors, as the display of photos may not reflect the reality of the facts. Thus, this practice must be carried out in compliance with the rules set forth in the Code of Criminal Procedure, which ensure basic rights for the accused. Therefore, the objective of this paper is to analyze photographic identification and assess its compliance with the rules provided in the CPP. To this end, the evidence in criminal proceedings will be analyzed, covering the concept, purpose, evaluation systems, and types of evidence, as well as some principles inherent to criminal procedure. Additionally, the procedures set out in the Code regarding the identification of individuals, the use of photographs in this context, and the understanding of jurisprudence on the subject will be studied. Finally, the issue of the impact of this practice as evidence in criminal proceedings will be addressed, focusing on judicial errors associated with this procedure. The fragility of human memory, penal selectivity, false memories, and the inductive effect in photographic identification will also be analyzed. It is concluded that personal identification, whether in person or photographic, depends on memory, which is subject to alteration. Thus, given its fragility, photographic identification must strictly adhere to the norms of the Code of Criminal Procedure to ensure greater reliability as evidence.