Failures In Photographic And Personal Identification As Evidence In Criminal Proceedings: An Analysis Of Selected Cases Reported By The Media In Brazil

The institute of personal and photographic identification is provided for in Articles 226 to 228 of the Brazilian Code of Criminal Procedure as a means of evidence aimed at identifying individuals or objects involved in or originating from criminal activities. However, the judiciary has been issuing numerous convictions based exclusively and solely on identification, which has been the subject of decisions by the Federal Supreme Court and the Superior Court of Justice, questioning the constitutionality of such convictions. With this in mind, the primary objective of this article is to conduct a documentary and bibliographic analysis of the failures in photographic and personal identification in Brazil's criminal justice system. For this purpose, it is a documentary and bibliographic study with a qualitative, descriptive, exploratory, and deductive approach, taking into account literature already published in articles, journals, and websites addressing the subject matter. The results revealed that errors in personal and photographic identification during the inquisitorial phase of a crime can have consequences that go beyond incarceration, resulting in a profound loss of dignity and humanity for these defendants who, in reality, are the victims. In addition to the shocking consequences presented in the cited cases, it is evident that there is a failure to observe the legally prescribed procedures for gathering evidence. Thus, it can be concluded that personal and photographic identification, as the sole and isolated indication of authorship, is insufficient to justify a preventive detention order.