Reconhecimento fotográfico do acusado: Artigo 226 do Código de Processo Penal

Alberto Salomão Junior

Photographic recognition of the accused

Article 226 of the Criminal Procedure Code

Authors

Alberto Salomão Junior Tribunal de Justiça do Estado do Rio de Janeiro. Rio de Janeiro. Brasil

Keywords:

recognition, criminal, art. 226, photographic

Abstract

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.

Author Biography

Alberto Salomão Junior, Tribunal de Justiça do Estado do Rio de Janeiro. Rio de Janeiro. Brasil

Titular da 33ª Vara Criminal, Juiz Auxiliar da Segunda Vice-Presidência

References

AgRg no HC n. 724.757/RJ, relator Ministro Joel Ilan Paciornik, Quinta Turma, julgado em 21/6/2022, DJe de 27/6/2022.

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Published

2023-01-09

How to Cite

Junior, A. S. (2023). Photographic recognition of the accused: Article 226 of the Criminal Procedure Code. Revista Da EMERJ, 24(3), 9–26. Retrieved from https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/472

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Issue

Vol. 24 No. 3 (2022): Revista da EMERJ

Section

Artigos

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