FALSE MEMORIES, STRUCTURAL RACISM AND THE USE OF PHOTOGRAPHIC RECOGNITION IN CRIMINAL PROCEEDINGS
Abstract
This article seeks to walk with the studies of the psychology of false memories, with the intention of breaking beliefs built on how human memory works, something extremely complex, which has been the object of study of psychology for more than thirty years. Furthermore, beyond false memories, the present work seeks to ally itself with social studies on structural racism with the intention of bringing to light the reasons why the interpretation and practical use of the people recognition, specifically with regard to the use of photographic recognition, in the context of police investigation, has the potential to generate social injustice as a result, especially of a racial nature, synthesizing a system of unfair punishment of innocent people, mostly young, black and vulnerable. The legislative wording in focus is brought by Art. 226, of the Criminal Procedure Code, whose interpretation and application resulted in the unjust conviction of part of the population, especially the one described above, and, therefore, is a topic widely discussed by the courts and doctrine.
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