Nem todo negro, mas sempre um negro: prisão sem justa causa por erros no reconhecimento fotográfico

Abstract

There is a growing number of public complaints about the imprisonment of innocent people in Brazil. What they have in common is the fact that most of the complaints are supported by photographic identification and that these people are black. With the third largest prison population in the world, a flawed justice system, and a legacy of slavery, the hypothesis arises that, despite the guarantee-based nature of criminal legislation, it is not observed. For this reason, the objective of this research is to analyze the reason why black people are the victims of judicial errors. Through bibliographical and jurisprudential analysis, we began by addressing the history of the black population in Brazil, then we carried out a study of the law and penal system in Brazil, and, finally, we analyzed real cases of innocent black people imprisoned due to failure to identify themselves in photographs. Thus, this analysis shows that it is increasingly evident that the errors committed by the Justice System in Brazil have a color