A Repercussão do Fenômeno das Falsas Memórias na Prova Testemunhal: uma análise a partir dos Julgados do Tribunal de Justiça do Rio Grande do Sul

False memories are distortions of memory that can impact decisively on the evaluation of a criminal event of interest to the criminal system. Despite the growing interest in the subject, few empirical works have explored the practical consequences of the phenomenon. Along with, the question is if it...

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Bibliographic Details
Main Authors: Baldasso, Flaviane, Ávila, Gustavo Noronha de
Format: Article
Language:Portuguese
Published: 2018
Subjects:
Testimonial evidence
psychology of testimony
false memories
Prova testemunhal
psicologia do testemunho
falsas memórias
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6358844
Source:Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 4, Nº. 1, 2018, pags. 371-409
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A Repercussão do Fenômeno das Falsas Memórias na Prova Testemunhal: uma análise a partir dos Julgados do Tribunal de Justiça do Rio Grande do Sul
Summary: False memories are distortions of memory that can impact decisively on the evaluation of a criminal event of interest to the criminal system. Despite the growing interest in the subject, few empirical works have explored the practical consequences of the phenomenon. Along with, the question is if it is possible to measure the repercussion for our criminal proceedings, as well if the theses concerning false memories have been accepted by the Judiciary and in which cases. The present article intends to analyze the repercussion of the phenomenon of false memories, in terms of testimonial evidence, from 437 judgments of the Court of Justice of Rio Grande do Sul. Using the content analysis methodology of Lawrence Bardin, we explored the types of crimes in which the false memories argument has been used, if the hypothesis of this distortion has sensitized the judges, as well as if the analyzes of the judges have been supported in the bibliographical production on the psychology of the testimony. From the numbers raised, it was possible to perceive a considerable increase in the invocation of the argument of the False Memories, but this has not been reversed in the promotion of freedom in the scope of the gaucho penal process.

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