A prova testemunhal: uma análise das influências das falsas memórias e seus efeitos no processo penal

Abstract

The present work addresses the relation between criminal proceedings and memory. Using the deductive method, bibliographic and jurisprudential research will be employed to demonstrate how false memories negatively affect evidence. The text explores how testimonial proof which are based on human recollections of events witnessed by a third person, contributes to and influences the judge's persuasion and consequently the issuance of the sentence. Furthermore, it discusses the issue of memory and its susceptibility to distortions, which can result from various factors. It defines false memories which consist of the recall of events that did not occur or happened differently from how they are remembered but that the individual faithfully believes to be true. Additionally, it highlights internal and external factors that favor the creation of false memories and emphasizes the negative effects of these mnemonic distortions in criminal proceedings. Finally, it presents strategies to mitigate the occurrence of these negative effects and to avoid the formation of false memories in individuals