O testemunho no processo penal à luz do fenômeno das falsas memórias

Abstract

This essay discusses testimonies in criminal procedures considering the false memories phenomenon. That is because studies in Psychology show that memories can be compromised by the advent of this phenomenon. The goal is to analyze the extent to which the study of evidence in criminal procedures in the light of what Psychology describes as false memories can contribute to reducing the fallibility of testimonies, in addition to seeking solutions to increase its reliability, considering this is the most used form of evidence in Brazilian criminal procedures. The method used was at first, the bibliography review and, based on the concepts reached, the criminallaw precedents analysis method was used to relate the theory covered in the first two chapters to reality. The first chapter was dedicated to analyzing the criminal process, the evidences and more specifically, the testimonial evidence, as well as presenting the legal treatment given to the testimony in the Brazilian system, especially the principles related to it and the rules that regulate it. The second chapter was aimed at explaining the process in which memory is formed, highlighting in addition to its neurological bias, the social and anthropological bias too, as well as describing how false memories occur and demonstrating how they can contaminate testimonial evidence in criminal procedures, while exposing the most common contamination factors. In the third and last chapter, there is a proposed analysis of how the judicial branch has dealt with issues related to false memories, analyzing, therefore, Federal Supreme Court and Superior Court of Justice decisions. Furthermore, injury reduction proposals were presented for the problem addressed, such as cognitive interviews, interdisciplinarity and collecting evidence in a reasonable time.