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Revista Internacional CONSINTER de Direito - Publicação Oficial do Conselho Internacional de Estudos Contemporâneos em Pós-Graduação
Print version ISSN 2183-6396On-line version ISSN 2183-9522
Abstract
SILVA, Evani Zambon Marques da and BRAGA, Mariana Stuart Nogueira. PSYCHOLOGY OF TESTIMONY FROM THE EARLY DAYS UP TO THE PRESENT. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.225-246. Epub Sep 08, 2022. ISSN 2183-6396. https://doi.org/10.19135/revista.consinter.00013.10.
This paper has the objective to show the scientific contribution of Psychology of Testimony, understanding the phenomenon of false memories, affecting the veracity of the testimonies and the identification of suspect.
Thus, the hypothesis to be considered is if the Psychology of Testimony is helpful bringing scientific criteria for the testimony and suspect identification, reducing judicial errors and the condemnation of innocents.
The methodology used is based on a bibliographic review. For this purpose, the origin of Psychology of Testimony is described, pointing its main milestones and how the science has been developed with the various experiments and discoveries. It is important to verify how human memory works and what can be expected from it, considering the scope of testimonies being realized at police station and at judicial hearing. The false memories effect is considered as well.
Afterward, it is analyzed how the Code of Criminal Procedure considers the testimonies of the victims and witness, besides the suspect identification. It also pursued to demonstrate possible existing distinction between the Code's rules and the reality, reflecting on potential judicial errors.
Finally, based on the Psychology of Testimony and dignity of the human person, there are suggestions related to be the best way to make the victims and witnesses´ testimony, in addition to suspect identification.
Keywords : Psychology of testimony; False memories; Deposition; Personal recognition..