VALOR PROBATÓRIO EM XEQUE: A FRAGILIDADE DO RECONHECIMENTO PESSOAL COMO MEIO DE PROVA NO DIREITO PROCESSUAL PENAL BRASILEIRO

Abstract

Due to its fragility, the recognition of people is the target of controversies within the Brazilian criminal procedure. Its evidential value is called into question as it is a means of proof that essentially depends on human memory, which is susceptible to suggestions and failures. Furthermore, failure to comply with the procedure legally provided for its performance results in the nullity of all evidence produced. This work also analyzes the institute of photographic law and the way it is routinely conducted in the country's police stations. Bringing up the problem of the "album of suspects" and all the affront that this entails to the basic principles of criminal procedural law, in an attempt to get a kick-start for a possible investigation, however, causing immeasurable damage to a subsequent face-to-face recognition, once that this one is unrepeatable. Finally, the work concluded for photographic recognition as a less costly and quicker alternative than photographic recognition in the face-to-face modality, as long as it observes procedures provided for in the legislation, in order to ensure the fundamental guarantees of the accused.