Publicação
A influência das distorções da mente na prova testemunhal em virtude das falsas memórias
| Resumo: | OBJECTIVE: The present work sought to analyze the issue of false memories and the factors that generate this phenomenon, as well as the presentation of measures that aim to give a greater degree of reliability to testimonial evidence in the scope of criminal procedural law, analyzing the way the doctrine and the legislation itself faces the problem. METHOD: This is an exploratory research with a qualitative approach; as for the procedure, classified as a collection of bibliographic and documentary data, based on studies of doctrines, scientific articles and legislation itself, mainly the Code of Criminal Procedure. RESULTS: During the study, it was found that memory is fragile and can be influenced by several internal factors (moods, emotions, alertness, anxiety and stress) and external factors (media, time and method used) by the interviewer), leading to its contamination, such as memories falsification. CONCLUSION: Bearing in mind that testimonial evidence is the most used evidence in the Brazilian criminal process, it was necessary to present damage reduction measures, such as the collection of oral evidence within a reasonable time, aiming to soften the influence of the time (forgetfulness) in memory, as well as the cognitive interview, aiming to combat and/or minimize the suggestive bias and the wrong methods used by the interviewers. |
|---|---|
| Autores principais: | Hentges, Pricila |
| Assunto: | Processo Penal Falsas memórias Prova Testemunhal |
| Ano: | 2020 |
| País: | Brasil |
| Tipo de documento: | trabalho de fim de curso |
| Tipo de acesso: | unknown |
| Instituição associada: | IBICT |
| Idioma: | português |
| Origem: | Oasisbr |
| Resumo: | OBJECTIVE: The present work sought to analyze the issue of false memories and the factors that generate this phenomenon, as well as the presentation of measures that aim to give a greater degree of reliability to testimonial evidence in the scope of criminal procedural law, analyzing the way the doctrine and the legislation itself faces the problem. METHOD: This is an exploratory research with a qualitative approach; as for the procedure, classified as a collection of bibliographic and documentary data, based on studies of doctrines, scientific articles and legislation itself, mainly the Code of Criminal Procedure. RESULTS: During the study, it was found that memory is fragile and can be influenced by several internal factors (moods, emotions, alertness, anxiety and stress) and external factors (media, time and method used) by the interviewer), leading to its contamination, such as memories falsification. CONCLUSION: Bearing in mind that testimonial evidence is the most used evidence in the Brazilian criminal process, it was necessary to present damage reduction measures, such as the collection of oral evidence within a reasonable time, aiming to soften the influence of the time (forgetfulness) in memory, as well as the cognitive interview, aiming to combat and/or minimize the suggestive bias and the wrong methods used by the interviewers. |
|---|
Atividades financiadas
Não foram encontrados projetos financiados.