The fragility of personal recognition as a proof in the brazilian criminal process

Abstract

The recognition of persons corresponds to one of the means of evidence that are disciplined in Title VII of the Brazilian Penal Procedure Code, consisting of the act in which a person affirms the identity of another person. There is a great deal of debate among legal practitioners, especially in the criminal sphere, whether the method used for the recognition of persons in the Brazilian criminal process can be considered a safe means of proof. This article aims to investigate the fragility of the recognition of people as a means of proof in the Brazilian criminal process, highlighting its high degree of fallibility. Through bibliographic research, based on the deductive method, it was found that the recognition of people presents itself as a proof with a low level of reliability, in view of the various problems that surround it, among which the way it is conducted, false memories and false recognitions. Therefore, it can be concluded that  the recognition of persons is not a safe mean of proof for criminal authorship, what it shows is necessary a legislative reform that brings greater security to the referred institute.