O papel da prova testemunhal no processo penal: uma abordagem sobre as memórias

Abstract

The present research seeks to open a critical reflection on the testimony of witness evidence in resolving criminal cases in Brazil, given its immense fragility and dubious credibility. In this form, the aim is initially to make a general approach to criminal procedural systems, the importance of evidence in the criminal process and its role in the reconstruction of facts, as well as a conceptual analysis of what is proving to be extended by their systems of Valuation. In this context, the topic of witness as a means of proof in the criminal process, and its credibility in the search for real truth, is addressed. Afterwards, it is portrayed the importance of the interdisciplinarity of Law with other scientific areas, in the study and understanding of how memory works. In addition, the theme "False Memories" is presented, a factor that influences the quality and truthfulness of the testimony, the theories that explain its materialization, as well as the consequences of its impact on the testimony. And, finally, the possible measures that can be taken to avoid contamination of testimonials. Therefore, considering the complexity of the topic addressed, techniques for reducing the damage from memory falsification are presented at the time of oral testimony, in order to make it more qualified and reliable.