THE ASSESSMENT OF PERSON IDENTIFICATION IN THE INDICTMENT DECISION: VALIDITY, RELIABILITY, AND EVIDENTIARY STANDARDS FOLLOWING STJ PRECEDENT THEME 1.258

Abstract

This article analyzes the weight given to the identification of individuals in the decision to commit a defendant to trial (pronúncia) within the Brazilian criminal justice system, particularly in light of the guidelines established by the Superior Court of Justice’s Repetitive Theme No. 1,258. The objective is to examine whether adherence to the procedure set forth in Article 226 of the Code of Criminal Procedure is sufficient to imbue the identification with the reliability and probative value needed to substantiate allegations of authorship required for submitting the accused to the Jury Tribunal. The methodology adopted is theoretical and qualitative—employing a legal-interpretative and critical-dogmatic approach—and was developed through bibliographic and documentary research, including an analysis of legislation and cognitive psychology studies regarding memory and person identification. The study discusses the distinction between formal validity, reliability, and probative sufficiency, taking into account memory fallibility and the risks of identification contamination, with reference to the so-called "Antônio brothers case." The results indicate that procedural regularity, while necessary, does not guarantee the reliability of the identification in a specific case. It is concluded that the assessment of identification for the purpose of committal to trial must consider the conditions under which it was obtained and its convergence with independent evidence, in order to satisfy the requirements of Article 413 of the Code of Criminal Procedure.