A FALIBILIDADE DO RECONHECIMENTO FOTOGRÁFICO NO PROCESSO PENAL: ERROS JUDICIÁRIOS E A CONDENAÇÃO DE INOCENTES

This article analyzes the fallibility of photographic identification in Brazilian criminal proceedings and its impact on judicial errors, particularly wrongful convictions. The research, characterized as qualitative and quantitative, was based on documentary, jurisprudential, and bibliographic analysis, covering decisions issued between 2015 and 2025 by the Supreme Federal Court (STF), Superior Court of Justice (STJ), Federal Regional Courts (TRFs), and State Courts of Justice. The findings reveal that photographic identification, when conducted without compliance with the legal protocols established in Articles 226 to 228 of the Brazilian Code of Criminal Procedure and the guidelines of CNJ Resolution No. 484/2022, is a determining factor in wrongful convictions. The lack of procedural safeguards, combined with the fragility of testimonial evidence, increases the risk of irreparable errors and undermines the credibility of the criminal justice system. It is concluded that the adoption of uniform protocols, strict judicial oversight, and critical review of evidence are essential measures to reduce the incidence of wrongful convictions in Brazil.