Eyewitness identification and its racial implications:empirical analysis of criminal robbery cases in the city of Salvador
Eyewitness identification - criminal justice - racism - miscarriage of justice
According to emblematic cases reported in the media and empirical research carried out by some institutions (DPE/RJ, DPE/SC,etc.), the eyewitness identification is a means of proof that has been presented in the Brazilian criminal justice system as an effectivecause of miscarriages of justice, which generally reach black people. Given this scenario, the research aims to investigate the racialimpacts of the eyewitness identification in criminal robbery cases in the city of Salvador from 2020 to 2022. As a starting point, it is understood that the criminal system is racially selective and that these judicial errors resulting from mistaken eyewitness identification lead to the incarceration of black people. The objective is also to analyze whether the change in jurisprudential understanding of the Superior Court of Justice that occurred in October 2020, with the judgment of HC no. 598.886/SC, which requires strict compliancewith the legal rules for eyewitness identification, has been sufficient to reduce the racial damage caused by mistaken eyewitnessidentification in the criminal system. The empirical findings of the research will be analyzed within the critical theoretical field of Lawand Race Relations. Procedural and criminal knowledge will be questioned based on the analytical category of racial relations,intersecting with Critical Criminology. The methodology, supported by the analysis of the procedural documents, is quantitative. It is also qualitative, because it aims to outline the perceptions of members of criminal justice in relation to the eyewitness identification.