A FRAGILIDADE DO PROCEDIMENTO DE RECONHECIMENTO DE PESSOAS E SEUS IMPACTOS NO PRINCÍPIO DA PRESUNÇÃO DE INOCÊNCIA NO PROCESSO PENAL BRASILEIRO

Abstract

This article analyzes the fragility of eyewitness identification in the Brazilian criminal justice system and its implications for the principle of the presumption of innocence. The study is necessary as it highlights the high number of wrongful convictions resulting from inaccurate identifications, which reverse the protective logic of the presumption of innocence and create a presumption of guilt. The objective was to assess how this type of evidence can infringe upon fundamental rights and the legitimacy of the criminal process when conducted without compliance with the law. The methodology consisted of bibliographic and documentary research, including the analysis of scientific articles, institutional reports, case law, and doctrinal works. In conclusion, it is noted that eyewitness identification has a high level of fallibility, especially when performed without following the rules of Article 226 of the CPP and the guidelines of CNJ Resolution No. 484/2022, further aggravated by factors such as false memory, racial biases, and flawed investigative practices. It is therefore understood that this evidentiary method should be used subsidiarily and must never, on its own, be sufficient to justify a conviction, under the risk of violating the presumption of innocence and compromising the legitimacy of the Brazilian criminal justice system. Key-words: Presumption of innocence. Criminal evidence. Eyewitness identification.