Personal recognition and criminal selectivity: an analysis of the need for strict application of the procedure laid down in the Code of Criminal Procedure

Abstract

This study aimed to analyze the consequences of inadequate personal recognition in a context of criminal selectivity and racism. It sought to answer the following questions: what are the consequences and profiles of individuals who are victims of erroneous personal recognition? The deductive method was adopted, using bibliographic and documentary research, based on legislation, academic articles and reports from the National Council of Justice (CNJ), the National Council of Public Defenders (CONDEGE) and the Public Defender’s Office of the State of Rio de Janeiro (DPE/RJ). The theoretical framework was structured into four sections: a) the rite of personal recognition and its compromising factors; b) criminal selectivity and its impact on individuals made vulnerable by the power structures that control criminal law; c) the influence of structural racism on the criminal policy adopted in Brazil; d) the analysis of data from the CNJ, CONDEGE and DPE/RJ regarding personal recognitions that do not comply with legal guidelines. It was concluded that personal recognition, especially when it fails to comply with the legal rite, is evidence susceptible to flaws, aggravated by criminal selectivity, disproportionately affecting black people, victims of a discriminatory history that still permeates society today and influences the criminal policy adopted in the country.