Falsas memórias no âmbito do processo penal

Abstract

This work aims to analyze, from an interdisciplinary perspective, the complexity of memory and its respective impacts on Criminal Procedure, especially testimonial evidence. Not infrequently, the reconstruction of the crime is done through the words of the victims and witnesses. However, it is understood that the mnemonic process is flawed since there are numerous factors, including psychological and cognitive ones, that can influence and change the content of the allegations. In this sense, such factors make the testimonies not false, but vulnerable and subject to errors, distortions, and alterations. Thus, firstly, the main aspects of evidence in Criminal Procedure will be presented, especially testimonial evidence. Subsequently, the mnemonic process will be analyzed, so that the phenomenon of false memories can be understood. Finally, the main procedural consequences of false memories will be presented, listing minimization strategies, as well as mechanisms to deal with unfair convictions and judicial errors, to obtain a more compassionate and fair judicial system