A RELAÇÃO ENTRE A PROVA DE RECONHECIMENTO FOTOGRÁFICO E O ERRO JUDICIAL

Abstract

This paper analyzes the legal nature and epistemological fragility of photographic identification of persons in Brazilian criminal procedure, demonstrating its intrinsic connection to judicial error and the reproduction of structural racism. Historically, this means of proof, based on fallible human memory, was treated informally, with the precautions provided in Article 226 of the Brazilian Code of Criminal Procedure (CPP) being considered "mere recommendations". This informality allowed for suggestive practices such as "show-ups" and the use of unstandardized "suspect albums," which increase the potential for error. The research, qualitative and theoretical-dogmatic in nature, is based on legal doctrine, legislation, and the analysis of precedents from the Superior Court of Justice (STJ) and the Supreme Federal Court (STF). The findings demonstrate that the misuse of this procedure acts as a potent vector for institutional racism: a survey revealed that 83% of the victims of wrongful identification were black people, resulting in unjust pre-trial detentions. Faced with this crisis of confidence and the high error rate, jurisprudence underwent a paradigmatic change (Habeas Corpus No. 598.886/SC), establishing that non-compliance with the procedure of Art. 226 of the CPP results in the absolute nullity of the act. The current guideline requires that, even if performed correctly, the identification cannot solely support a conviction; it must be corroborated by other independent evidence, in compliance with the "proof beyond a reasonable doubt" standard. The study concludes that a normative restructuring of the system is essential, with the abolition of informal practices and the adoption of rigorous, scientifically validated protocols, as directed by Resolution 484/2022 of the National Council of Justice (CNJ), to mitigate the fallibility of the evidence and combat racism in the penal system.