THE FALLIBILITY OF RECOGNITION OF PERSONS AS MEANS OF EVIDENCE IN THE CRIMINAL PROCESS AND THE INFLUENCE OF FALSE MEMORIES
Abstract
The purpose of this study is to investigate the probative force of personal recognition in the Brazilian criminal process and the influence of false memories in investigative procedures and the way they act as a means of evidence. Person recognition is a widely used technique, but is often susceptible to errors arising from false memories. We will analyze how jurisprudence and doctrine treat this evidence, highlighting cases in which wrongful convictions occurred due to failed recognition. We will also discuss the influence of cognitive psychology on understanding memory failures and possible measures to minimize errors, proposing solutions to improve legal certainty and justice.
Keywords: personal recognition; criminal proceedings; false memories; proof.
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