Banca de DEFESA: NATHALIA LEITE DE MEDEIROS
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.STUDENT : NATHALIA LEITE DE MEDEIROS
DATE: 17/04/2024
TIME: 17:30
LOCAL: Ambiente virtual (https://meet.google.com/jst-mrwd-wia)
TITLE:
KEY WORDS:
Personal and photographic recognition. Criminal proceedings. Evidences.
PAGES: 235
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
Personal recognition is a widely used means of proof for defining authorship in the criminal field. Its use has been linked to the commission of injustices, as empirical research has shown the high number of wrongful criminal convictions based on this evidence. In view of this, this dissertation aims to analyze the use of personal recognition and the practical problems arising from its production and the value attributed to it, seeking to address the disrespect for constitutional, legal and epistemological rules that make it used as a central basis for convictions. The aim is to map the way in which this means of proof, whatever its modality, has been used in Brazil, especially in Rio Grande do Norte, in order to analyze its application and point out the prospects for the future, based on knowledge from the psychology of testimony, legal epistemology and neurolaw. The research is of an applied nature, adopts the deductive method and has a quantitative and qualitative approach, insofar as information is analyzed with the aim of estimating the phenomenon in all its complexity, including abroad, given the lack of data production in Brazil. The quantitative focus is on analyzing national research already published and data produced from a sample of case law from the Rio Grande do Norte State Court of Justice on the use of person recognition, with the aim of mapping, among other aspects, the procedure used, the probative value, as well as whether the position adopted takes into account the fallibility of human memory and the new understandings of the Higher Courts. As for the procedures, bibliographical and documentary research was carried out, since reports drawn up by the Public Defender's Office of the State of Rio de Janeiro and the Ministry of Justice on the use of personal recognition were analyzed, taking into account the factors that are capable of influencing it. In addition, there is a typological analysis with the aim of examining the jurisprudential changes and legislative proposals surrounding the matter, so that it is finally possible to verify whether the solutions presented are sufficient in the current context. It can be seen that various practices, such as the random display of photographs, can have harmful consequences, given the risk of suggestibility and cognitive overload that can lead to mistaken identifications. It can be seen that the recognition of people has many limitations, as it is a means of proof conditioned to the senses, especially human memory, and these must be taken into account for a correct assessment. In addition to this, there is a lack of an adequate physical structure to carry out the recognition of people and deficits in the qualification of the professionals involved in its production. Investments and the formulation of procedural alternatives consistent with the scientific knowledge produced are necessary, with the aim of obtaining reliable results and making this means of proof consistent with the Democratic State and with the guarantees enshrined in the Constitution, especially the presumption of innocence.
COMMITTEE MEMBERS:
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Externo à Instituição - MARCELO NAVARRO RIBEIRO DANTAS
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR