Identificação de réus por fotografia no processo penal brasileiro

Abstract

The objective of this article is to present one of the most used means of proof in Brazilian criminal procedure, the identification of defendants by photograph. This method aims to recognize the author of a certain crime. However, the article will demonstrate how the recognition of defendants by photo is very flawed, since this evidence depends exclusively on the memory of the victim or witnesses. The fallibility of the method occurs because of the alteration of the memory, be it due to the passage of time, the level of trauma, or even suggestions from third parties. Moreover, another topic to be presented in this article is the non-observance of article 226, of the Code of Criminal Procedure, which is used subsidiarity in order to govern the procedural procedure of the photo identification method, because there is no specific legislation for this. Failure to do so leads to the linking of photographs of innocent people in suspects’ albums. Therefore, the present article aims to demonstrate the problems existing in the method of identifying defendants by means of photographs, as well as to present procedural alternatives aiming at reducing flaws and damages. The research method used in this article was the consultation of physical and digital doctrine, jurisprudence and pertinent legislation on the subject.