A prova em vídeo e o contexto interpretativo

Abstract

It is clear that the popularization of the means of capturing and transmitting videos has increased the amount of this type of content and that such content has extrapolated the screens of the media and social networks and increasingly moved towards the judicial process. The judicial process, in turn, as a thermometer of conflicts that emerge in society, is faced with numerous videos being used as evidence. Such videos are presented and interpreted by professionals who may have interpretive biases and beliefs that the images speak for themselves, which represents a challenge that will be addressed in this work. From the doctrine and literature on video evidence and multimodal arguments (involving textual and visual elements) it is possible to extract a) safe parameters to assess the reliability of visual content in digital format, and b) obtain information that maximizes our awareness of the obscured biases surrounding visual arguments, video evidence and its interpretive context. Finally, from this reading, this paper also seeks to demonstrate, through case studies widely publicized by the media and the qualitative analysis of criminal judgments, published in 2019 by the Court of Justice of Rio de Janeiro (TJRJ) and selected in the scope of the research project “Video Evidence in Second Grade Decisions: an empirical analysis of the judicial interpretation of the image.” that there are in the jurisprudence examples to be criticized and to be followed, this in view of the position of the judges and the spectrum of care of the magistrates in relation to the interpretative context in which the video evidence is presented and other correlated factors involving the presentation evidence, such as its reliability and its chain of custody.