A influência das falsas memórias e do same race bias no contexto do processo penal

Abstract

Here we analyse false memories and the same race bias in the legal framework. The present study seeks to demonstrate that although the recall of certain memories are extremely important, it can not always faithfully reproduce certain events, since they can be contaminated by other information, which may or may not be related to the event in question. This affects the degree of reliability that is to be deposited by the judges in this type of evidence, which at times may be the only proof available to decide a legal case. This work aims to provide a better understanding of the mechanisms that leads to the formation of false memories and the same race bias effect, as well as to describe strategies to reduce both of them. The methodology was based on bibliographic reviews, from both national and international scientific articles and books, as well as analysis of websites, national jurisprudence and other documents. In conclusion, the testimony is prone to and should not be used as the only means of proof in the legal context, in observance with constitutional and penal procedural principles. The human memory is complex to the point of generating elements of conviction that may never have existed, and can be contaminated even by the way interviews are carried out, due the lack of proper orientation as to how to avoid suggestion and interference during the recall process.