Analysis of personal recognition as the only means of proof in Brazilian criminal procedural law

Abstract

The objective of this research is to demonstrate the fragility of the recognition of people when this is the only means of proof considered by the magistrate in the criminal instruction and the violation of the fundamental principles foreseen in the Federal Constitution and in the criminal procedure legislation. Recognition of persons is a means of proof admitted in law that aims to confirm the identity of someone involved in a particular crime, through a procedure that performs the comparison of past elements. Personal recognition depends on the ability of the recognizer to memorize, which may be influenced by some variables that directly affect the result of this means of proof. Despite the theme being pacified by the Brazilian jurisprudence, this work seeks to clarify how personal recognition is treated by Brazilian criminal procedural law and by law operators, highlighting the main controversies and controversies about the theme. It also seeks to analyze through concrete cases that, when the magistrate forms his conviction based exclusively on the recognition of people, he cooperates for sources of injustice. To elaborate this article, doctrinal and jurisprudential opinions were used as a research method, as well as case studies, aiming to carry out a critical study on the topic.