A importância epistêmica da metodologia no reconhecimento de pessoas: análise de casos na vara de delitos de roubo e extorsão da comarca de Rio Branco, no período de janeiro de 2023 a setembro de 2024

Abstract

The dissertation presents a critical analysis of personal recognition as a fundamental instrument to avoid unjust convictions, focusing on judgments from higher courts and on the Psychology of Testimony. The relevance of recognition is highlighted, especially in cases without material traces, where the victim's word is decisive. Despite the guidelines of Art. 226 of the Code of Criminal Procedure, police practice often ignores these norms, resulting in innocent people being wrongly accused and convicted. The research emphasizes the vulnerability of human memory to external influences, which can lead to significant judicial errors. Thus, the study warns of the risks of inadequate recognitions, defending the need for independent evidence to support convictions. The study, which is based on cases from the Robbery and Extortion Court of the District of Rio Branco, concludes with the recommendation that police forces adopt more rigorous procedures to improve the quality of recognitions and reports, essential to guarantee justice and protect individual rights. The methodology employed combines deductive and exploratory approaches, based on an extensive doctrinal framework, composed of books, articles and case law precedents. In addition, it adopts a qualitative and documentary analysis, covering decisions of the higher courts, notably the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). In this context, more than 60 cases originating from the Robbery and Extortion Court of the District of Rio Branco- AC were examined, allowing a detailed investigation of the guidelines applied. Thus, the research seeks not only to understand the underlying theoretical foundations, but also to assess the practical applicability of the legal standards studied.