Photographic recognition of the accused: Article 226 of the Criminal Procedure Code
Photographic recognition, in criminal procedural law, is a subject that generates great debates in the legal scenario. This is an institute provided for in article 226 of the Code of Criminal Procedure, but it cannot be seen solely from an infraconstitutional perspective. We cannot forget that the p...
| Autor: | |
|---|---|
| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Institución: | Escola da Magistratura do Estado do Rio de Janeiro (EMERJ) |
| Repositorio: | Revista da EMERJ (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.emerj.jus.br:article/472 |
| Acceso en línea: | https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/472 |
| Access Level: | acceso abierto |
| Palabra clave: | reconhecimento fotográfico art. 226 criminal recognition photographic |
| Sumario: | Photographic recognition, in criminal procedural law, is a subject that generates great debates in the legal scenario. This is an institute provided for in article 226 of the Code of Criminal Procedure, but it cannot be seen solely from an infraconstitutional perspective. We cannot forget that the principles of human dignity and due legal process, enshrined in the Constitution of the Republic, respectively, in articles 1, item III, and in article 5, item LIV, are indispensable guarantees. Therefore, any study on photographic recognition as evidence must be guided by such principles, as well as others that are related to them. Thus, we cannot fail to bear in mind that all legal instruments comply with the major commandments, explicit and implicit in the Constitution of the Republic. Based on these statements, we will briefly analyze the matter, which, again, has caused great debate in the legal world, given its high relevance for society and, consequently, for the Law. To learn a little more about the subject discussed, it will be essential to analyze decisions of the Superior Court of Justice, which gave a new direction to jurisprudence regarding the application of the provisions of article 226 of the Code of Criminal Procedure. |
|---|