RECONHECIMENTO DE PESSOAS E PRESUNÇÃO DE INOCÊNCIA: OSCILAÇÃO JURISPRUDENCIAL EM TORNO DA INTERPRETAÇÃO DAS NORMAS PROCESSUAIS

Abstract

This final project analyzes the institution of personal identification as a means of evidence in Brazilian criminal proceedings, particularly in light of recent jurisprudential fluctuations surrounding the implications arising from its irregular application, contrary to the provisions of Article 226 of the Code of Criminal Procedure. The research problem is connected to the recurrent use of personal identification as central evidence, albeit riddled with flaws that exacerbate judicial errors, abundantly documented in Brazilian case law, as well as violations of constitutional principles, such as the presumption of innocence. Given this issue, the study aims to answer the following questions: (i) has personal identification, as a means of evidence described in the Code of Criminal Procedure, been used as a suitable mechanism for achieving justice? (ii) is its application consistent with the Federal Constitution and legal guidelines? Using a theoretical-deductive approach and based on bibliographic sources and higher court judgments, the study highlights that many cases fail to comply with the legal requirements for producing evidence of identification of persons, a situation that compromises the validity of the evidence and the legitimacy of the criminal proceedings, leading to potentially unfair decisions. Respect for the procedural steps provides legal certainty, credibility, and social justice, making it necessary to interpret personal identification in light of constitutional precepts in favor of the accused in criminal proceedings.