Reconhecimento pessoal como meio de prova: análise da criação de falsas memórias à luz da seletividade do sistema penal

Abstract

Personal recognition is one of the most widely used forms of evidence in criminal proceedings to identify offenders, due to the difficulty in obtaining technical evidence for certain crimes. The main objective of this study, therefore, was to analyze the conflicts surrounding personal recognition, particularly because it is a precarious means of evidence susceptible to factors such as false memories. In this context, the hypothesis arises that the construction of a criminal stereotype contributes to a selective approach in the criminal system, creating a criminal profile that directly impacts the formation of false memories in personal recognition. To this end, a bibliographic research was conducted, based on doctrines, case law, and scientific articles, and organized into three chapters: the first chapter addresses the general theory of evidence in criminal proceedings, with special emphasis on personal recognition and its methods; the second chapter presents the general aspects of racism in Brazilian society through the lens of social labeling theory; and the third chapter, in turn, discusses the phenomenon of false memories and its relationship with personal recognition. This analysis concluded that conducting personal recognition without adherence to the rules set forth in the Code of Criminal Procedure (CPP) allows for the creation of false memories, primarily because the penal system operates on stereotypes, contributing to this phenomenon and leading to false identifications and wrongful convictions.