O reconhecimento fotográfico como meio de prova no direito processual penal brasileiro

Abstract

This work objectively analyzes recognition by photography as a means of proof, pointing out the problems inherent to the way it is constituted in the Brazilian criminal procedural reality, in order to propose reflections on its reliability and its social consequences in view of the growing number of errors involved in acts of this nature, whose victims are historically violated by institutional apparatuses. Initially, we start from the notion that the production of evidence finds its parameters in fundamental rights and guarantees. The reliability of recognitions is questioned, since human memory is affected by fallibility, subject to distortions and suggestions that lead the legitimizer to affirm false facts as true. Next, it appears that, given the absence of normative provision, article 226 of the CPP ensures minimum guarantees in a scenario of manifestations of irregularities. Finally, in light of recent reports on the subject, in the current state of affairs, multiple controversies are identified that surround the application of the aforementioned test, arising from estimable, systemic or cultural factors, such as structural racism.