O tribunal do júri à luz das falsas memórias: a prejudicialidade implícita na íntima convicção dos jurados

Abstract

The present study aims to analyze the phenomenology of false memories within the context of the Court of Jury, exploring their influence on the assertiveness of the application of criminal law. Initially, the general theory of evidence in criminal proceedings is addressed, with an examination of the accusatory system, aiming to provide a comprehensive understanding of the normative foundations. Thus, the phenomenology of false memories is introduced, highlighting their variants through the theories of diffuse traits, constructivist theory, and source monitoring, further subdivided into spontaneous and suggested types. The analysis then proceeds to the practical application of these concepts, illustrating with concrete cases the importance of identifying and applying mnemonic processes in criminal proceedings, such as the impact of facial recognition and the potential inaccuracy of special testimonies, from which leads inaccurate evidence. The conclusion centers on a descriptive analysis of current research in the fields of psychology and law, reflecting on the roots of the identified issues. In this context, it proposes a critical reflection on the effects of false memories in the jury trial, exposing the positive advantages of using practical methods to safeguard against the occurrence of this phenomenon.