False memories

is there an appropriate mechanism in Brazil to identify false memories in testimony in the criminal process?

Abstract

The evidence needs to demonstrate to the judge whether the possible statements in people's reports are true or false in the process, and for this, witnesses, victims and accused, use memories to be able to narrate the facts in order to testify and proceed to recognize the alleged perpetrators, in order to consider the truth of information that the human mind can be influenced by the presented truth of the facts. Considering, the problem question highlighted in the study is presented in the following question: “Is there an adequate mechanism in Brazil for identifying false memories in testimonial testimony in criminal proceedings?”. In this sense, the general objective was related to the context of false memories about factors that generate this phenomenon, as well as the presentation of measures to give a greater degree of reliability to testimonial evidence within the scope of criminal procedural law, consisting of identifying whether there is a mechanism that identifies the false memories. The proposed research was justified, from a scientific perspective, because it is a relevant topic within the criminal process and has not yet been sufficiently explored scientifically. It is also justified by the possibility of the result of the proposed work serving as a basis for new scientific work. The development of this research was constituted through bibliographical research and documentary research with concepts related to false memory and the evidentiary conference in criminal proceedings.