A influência do racismo estrutural no procedimento de reconhecimento de pessoas no processo penal brasileiro

Abstract

This academic work was carried out with the aim of analyzing how structural racism influences the practice of recognizing people in criminal proceedings, whose formal rules are expressly provided for in art. 226, of the Código de Processo Penal. The study had as its parameter the examination of the crossings of racism in the criminal system, how it is reproduced on a daily basis trough penal selectivity, with black people as suspects, as well as the fragility of the probative process of recognizing people, especially because of the fallibility of human memory. In addition, this work aims to address the change in case law regarding the interpretation adopted of the aforementioned device, with emphasis on the HC 598.886/SC, judged by Sexta Turma of the Superior Tribunal de Justiça, in 2020, and how the judgment impacted on the way of approaching the procedure, which was previously seen as a mere recommendation, is now understood as a hypothesis of incidence of nullity in case of non-compliance with legal formalities.