THE WEAKNESS OF EVIDENCE IN BRAZILIAN CRIMINAL PROCESSES REGARDING FALSE MEMORIES

Abstract

This paper aims to present a study on the complexity of memory and how it can influence criminal procedural law. False memories are memories that never occurred or distorted recollections of past events that do not correspond to reality. The mnemonic process is flawed, reflecting natural and adaptive processes of human beings. From this perspective, considering Brazil, the research investigates the fragility of evidence in light of the Brazilian legal system, focusing on a study on false memories, whose central problem is: what are the main consequences of false memories in criminal justice? In this context, this study was guided by the general objective of analyzing which types of evidence are most susceptible to the influence of false memories. The specific objectives are to contextualize the historicity of the emergence of evidence and the origin of the study of false memories; to describe false memories and their consequences in the criminal procedural sphere; to present measures that ensure an effective judicial system in combating false memories, which protects citizens' rights and prevents unjust convictions. This explanatory and descriptive research presents a qualitative study, through documentary and bibliographical research, articles, and books. Thus, with this work, we hope to understand the damage that false memories cause in justice, more specifically, in the criminal procedural sphere, and to present some measures aimed at reducing the incidence of false memories in the evidentiary framework, aiming to mitigate the adverse impact of these common cognitive failures that permeate mnemonic processes, thus contributing to a more effective resolution of criminal cases.