O valor da prova testemunhal e do reconhecimento no processo penal: o impacto das falsas memórias e a necessária redução de danos

Abstract

This study has the purpose of presenting the problematic that surrounds the two main means of proof in the criminal procedure: the testimonial evidence and the recognition of people. It will be determined, under the interdisciplinary analysis between the Law and Psychology, how the reliability of these types of evidence can be questioned, considering that it relies on the memories of victims and witnesses. Therefore, the present study seeks, through a brief examination of testimonial evidence, recognition and memory functioning, to demonstrate the intimate relationship between them, revealing how false memories are present in criminal practice and how this phenomenon can impact the credibility of the evidences and cause serious material and procedural consequences. Under the understanding of the fallibility of memory, based, above all, on the vulnerability of the human mind to external influences, it appears that the study of false memories in the legal field is essential both for the identification of the problem by the authorities and to search for capable techniques to reduce the damage resulting from the dissonant evidence of reality, thus promoting a closer approximation of the due process of law guaranteed by the Federal Constitution.