REQUIREMENTS FOR PERSON IDENTIFICATION IN CRIMINAL PROCEDURE: IMPLICATIONS FOR EVIDENCE VALIDITY

Abstract

This research aimed to analyze objective and subjective requirements and the implications for the validity of eyewitness identification evidence in the Brazilian criminal procedure, seeking to demonstrate that article 226 of the Code of Criminal Procedure (CPP) cannot be treated as a mere formality. The methodology employed consisted of an analysis of relevant legislation and of Resolution No. 484/2022 of the National Council of Justice, based on a bibliographic review of legal scholars in the area of Criminal Procedure Law, jurisprudence, and testimony psychology, in addition to an analysis of real cases (Innocence Project Brazil). The results indicate that the validity of eyewitness identification evidence is directly linked to the strict observance of objective requirements, such as prior description, the presentation of similar individuals, and the preparation of a detailed report. The research also identified subjective requirements, such as memory fallibility, stress, weapon focus, and the cross-race effect, which can result in mistaken identifications, aggravated by informal methods like the showup and photo array. It is concluded that it is a crucial but failure-prone type of evidence and that the non-observance of legal formalities and the disregard for the psychological and social aspects of eyewitness identification result in flawed evidence, perpetuating judicial errors. The article reinforces the need for continuous training of legal professionals to ensure the quality of evidence and safeguard fundamental rights, especially in a context of structural racism.