The reliability of evidence dependent on memory

an analysis of brazilian criminal procedure law

Abstract

This article discusses evidence dependent on human memory, such as: testimony and personal recognition. The objective is to assess the degree (high or low) of reliability existing in the production of evidence that depends exclusively on recordings, that is, human memories. The hypothesis is justified in the course of legal controversies between judges, scholars and specialists in the field of legal psychology and criminology. It appears, therefore, that despite evidence dependent on human memory being present in almost all processes, in the area such evidence can be an exclusive means of proving the crime or justifying the acquittal of the accused. As a specific objective, it seeks to address the presence of elements capable of promoting valuation or greater reliability in the testimony or recognition given. The qualitative methodology and the deductive approach method are used, as there is a doctrinal and jurisprudential analysis, through documentary research, in line with scientific research carried out in the field of psychology. It is also used in order to add to the research, the quantitative method through the analysis of graphics on the topic. Thus, as a conclusion, it appears that these issues are objects of critical doctrines, applicable and jurisprudential divergences, which deserves to be analyzed and put into practice for greater effectiveness and constant evolution in the jurisdictional field.