APPEARANCES CAN BE DECEIVED: THE MISTAKES OF PHOTOGRAPHIC RECOGNITION IN BRAZILIAN JUSTICE.

Abstract

This article aims to analyze the use of photographic recognition in the context of criminal proceedings, seeking to understand its application, implications for the criminal justice system and effectiveness in identifying suspects and collecting evidence. We address ethical and legal challenges, with an emphasis on the central question: how to use photographic recognition effectively and fairly in criminal proceedings, considering challenges to its reliability and ethical and legal issues? The object of analysis is photographic recognition in criminal proceedings, covering the use of images as evidence in investigations and trials. We explore its application in identifying suspects from eyewitnesses, confirming events through images, and collecting visual evidence at crime scenes. We consider ethical and legal issues in the legal system. We use an exploratory methodology, including bibliographical research with a systematic review of scientific and legal literature, consultation of academic bases, jurisprudence and relevant sources in criminal law and criminal procedure. The research encompassed empirical studies, literature reviews, technical reports and court cases. Critical analysis of the information collected allowed us to identify trends and gaps in the literature, as well as key issues related to photographic recognition as evidence. We conclude that, when administered rigorously and following best practices, photographic recognition can be effective and reliable in criminal proceedings. Approaches that minimize ethical challenges and meet legal requirements can enhance its use as a valuable tool in the criminal justice system.