Banca de QUALIFICAÇÃO: NATHALIA LEITE DE MEDEIROS
Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.STUDENT : NATHALIA LEITE DE MEDEIROS
DATE: 13/03/2024
TIME: 17:30
LOCAL: Ambiente virtual
TITLE:
KEY WORDS:
Personal recognition. Photographic recognition. Evidences.
PAGES: 234
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
Person recognition is a widely used form of evidence to define authorship in the criminal field. Its use has been linked to the commission of judicial errors, as empirical research demonstrates the high number of mistaken criminal convictions that had the central, or only, support of the aforementioned evidence. In view of this, this dissertation proposes to analyze the use of personal recognition and the practical problems arising from its arbitrary production and the excessive value attributed to it, with the aim of addressing disrespect for the constitutional, legal and epistemological rules that make with it being used as a central basis for convictions. The objective is to map the way in which this means of proof, whatever its modality, has been used in Brazil, and especially in Rio Grande do Norte, in the desire to analyze its application and point out the existing perspectives for the future, based on knowledge from the psychology of testimony, legal epistemology and neurolaw. The research is applied in nature and has a quantitative and qualitative approach, as information is analyzed with the aim of estimating the phenomenon in all its complexity, including abroad, given the deficient data production in Brazil. The quantitative focus is through the analysis of national research already published and data produced from a sample of the jurisprudence of the Court of Justice of the state of Rio Grande do Norte on the use of person recognition, aiming to map, among other aspects , the procedure used, the value attributed to said means of proof, as well as whether the position adopted considers the fallibility of human memory and the new understandings of the Superior Courts. Regarding procedures, bibliographical and documentary research was carried out, as reports prepared by the Public Defender's Office of the State of Rio de Janeiro and the Ministry of Justice were analyzed on the use of personal recognition, considering the factors that are capable of influencing it. it. Furthermore, there is a typological analysis with the aim of examining the jurisprudential changes and legislative proposals surrounding the matter, so that, ultimately, it is possible to verify whether the solutions presented are sufficient and plausible in the current context. It is observed that several practices, such as displaying photographs randomly, can have harmful consequences, given the risk of suggestion and cognitive overload that could lead to mistaken identifications. Interdisciplinary knowledge shows that the recognition of people has many limitations, as it is a means of proof conditioned on the senses, notably human memory, and they must be considered for correct valuation. Legislative insufficiency is a prominent point, and it is notable, through an interdisciplinary analysis, the need to formulate procedural and procedural alternatives that are capable of leading to reliable results, which can be done through the adoption of standard operating procedures and of legislative changes that consider scientific knowledge.
COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR