Reconhecimento fotográfico, como meio de prova no processo penal, à luz da jurisprudência do STJ

Abstract

This article has the scope of analyzing the recent jurisprudential orientation of the Superior Court of Justice about the use of photographic recognition as a means of evidence in criminal proceedings, using, mainly, the court lawsuits “Habeas Corpus n. 598.886/SC” and “Habeas Corpus n. 712.781/RJ”, as well as its repercussion within the scope of the Court of Justice of the State of Minas Gerais. The objective is also to verify how the malleability of human memory interferes in the production and valuation of this type of evidence, making, for that, some considerations about the practice of the “show up” and the “album of suspects”. Furthermore, it seeks to demonstrate the importance of adopting logically and epistemologically valid criteria to build a criminal process with a guarantee matrix, committed to the search for correpondential truth.