THE (IM)PROCEDURE IN PERSONAL RECOGNITION AS A PRIMORDAL FACTOR OF WRONG ARREST

Abstract

The present work addresses the (im)procedure in personal recognition as a primary factor in undue arrests, and aims to analyze the consequences of procedural failures, when it is carried out incorrectly and without due compliance with legal prescriptions. The following question arises as a problem: How do these irregularities affect the personal recognition procedure and what are the consequences for the individuals involved? Citing fateful situations, verifying the main irregularities, evaluating the impact and violation of individual rights, with proposals of measures and solutions to improve this procedure. Wrongful arrest, also known as unfair arrest or arbitrary arrest, refers to situations in which a person is detained or imprisoned without just cause or in violation of their legal rights. This can occur for a number of factors, and has become a persistent problem in many judicial systems. Irregularities in the personal recognition procedure are a key factor in this phenomenon, affecting and causing consequences for the individuals involved, violating human rights and due legal process. This study will contribute to the public and academic debate on issues related to criminal justice and human rights. Through descriptive research, in addition to consulting bibliographic sources, verifying data and numbers within the methodological, jurisprudential and doctrinal spectrum, aiming to present these errors and understand the seriousness of the consequences.