FALSAS MEMÓRIAS NO PROCESSO PENAL: O PARADOXO DA PROVA TESTEMUNHAL E OS ERROS JUDICIAIS

Abstract

In Brazilian criminal proceedings, testimonial evidence stands out as the most frequently employed form of proof and is therefore considered of paramount importance. However, despite its relevance, scholars such as Aury Lopes Júnior point to its manipulative nature and questionable reliability. This fragility stems from several variables that can compromise the veracity and quality of its content, including lies, conscious acts of bad faith, and, central to this study, false memories. The main focus of this research lies in the investigation of false memories, noting that memories can deceive even the witness themselves, leading them to believe in events that did not occur. The proposed discussion aims to offer a critical perspective on the common sense that many legal scholars still hold regarding memory. The aim is to demonstrate that memory is a much more complex construct than it appears, and that errors committed from the beginning of criminal prosecution to the accusations of an innocent person are often due to the justice system's lack of a cautious approach to testimonial evidence. his final project utilizes qualitative and bibliographical research methods. The research methodology was essentially developed through the analysis of relevant doctrinal works addressing the topic of false memories in criminal proceedings, always based on constitutional foundations—such as due process, the presumption of innocence, and human dignity—and critically analyzing the use of testimonial evidence potentially contaminated by false memories. Documentary research will complement the study with observations of specific cases and court decisions in which the principle of dignity was threatened by errors resulting from inaccurate reports. The objective is to construct a study that highlights the need to safeguard fundamental rights against the risks of cognitive errors in criminal proceedings.