Uma análise legal e jurisprudencial acerca das formalidades no reconhecimento fotográfico

Abstract

The nullity of photographic recognition has proven to be a determining factor in the issuing of acquittals in cases of imprisonment. This practice, widely used in administrative proceedings in Brazil, lacks specific regulation in the Code of Criminal Procedure (CPP), which often leads to violations of constitutional guarantees, such as the presumption of innocence and due process of law. The study seeks to answer the following guiding question: What are the challenges related to photographic recognition and what mechanisms should be used to mitigate judicial errors? The methodology is qualitative and the study is supported by bibliographic research, which is based on a survey of academic and legal sources, such as books, scientific articles, specialized journals and normative documents. By resorting to this type of approach, the analysis considers not only the technical aspects of photographic recognition, but also its consequences for fundamental rights, such as the presumption of innocence and due process of law, in addition to its disproportionate impact on vulnerable populations, reinforcing structural racism and criminal selectivity. It is therefore essential to support criticism and proposals for legislative reform, such as those contained in Bill 676/21, and to evaluate the effectiveness of alternative methods, such as the line-up. Thus, it contributes to the development of a fairer and more reliable criminal justice system.