The plenary of the National Council of Justice (CNJ) unanimously approved a resolution that establishes guidelines for carrying out the recognition of people in criminal procedures and processes and their evaluation within the scope of the Judiciary.
Among the main aspects of the resolution, we highlight the delimitation, by nature, of the recognition of people as evidence and the establishment that the recognition is carried out preferably by the face-to-face alignment of four people and, in case of impossibility, by the presentation of four photographs , observing, in any case, the guidelines of the resolution and the Code of Criminal Procedure.
The norm also provides that, in the impossibility of carrying out recognition according to these parameters, other means of proof must be prioritized.
According to the resolution, the entire recognition procedure must be recorded, with its availability to the parties, upon request.
Prior investigation is also necessary to collect evidence of participation of the investigated person in the crime before submitting him to the recognition procedure and, also, the collection of racial self-declaration of the recognizers and those investigated or prosecuted, in order to allow the police authority to and to the judge the proper validation of the evidence, considering the crossed racial effect.
The resolution also provides that the authority must ensure the integrity of the procedure, avoiding the isolated presentation of the person, his photograph or image (a procedure known as show up), the use of albums of suspects and photographs taken from social networks or any other means, in addition to ensuring that the person invited to carry out the reconnaissance is not induced or suggested, ensuring the absence of prior information, insinuations or reinforcement of the answers presented by her.
cases annulled
In February, the Second Panel of the Federal Supreme Court (STF) granted habeas corpus to a young black man arrested and convicted of robbery in São Paulo. By three votes to two, ministers annulled the conviction of Regivam Rodrigues dos Santos, declaring the nullity of a facial recognition made by the victims.
The main discussion in the case was due to the way in which the accused was recognized by the victims of a robbery. Santos was identified after a photo taken by a police officer and sent to victims of a robbery in São Paulo.
In July, Justice Edson Fachin, of the STF, acquitted a man who was convicted of theft based only on photographic recognition, which would have been carried out in breach of legislation.
In the case, a man had been sentenced to two years and eight months in prison, in an open regime. According to the process, a witness said he saw the man enter a neighboring house and leave with a backpack, which would have occurred in Lages (SC).
Source: CNN Brasil
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