A verificação a respeito da interferência das falsas memórias no depoimento infantil e os riscos da condenação nos crime de estupro de vulnerável

Abstract

The present study aims to investigate the reasons for the emergence of the phenomenon of false memories in criminal proceedings, through a critical approach. The bases of the principles of Criminal Law and Criminal Procedure are used, to understand the high incidence of false memories in the investigation of sexual crimes, specifically in the crime of rape of a vulnerable person, regarding the means of production evidence: testimony of the victim, recognition of people and things, in addition to the most common, the testimonial evidence. In the conclusion, it is proposed that the subjects exercise their rights of probation with caution, through an in-depth reflection on their convictions, improving the way in which this investigative instrument is used, to reduce inaccuracies.