The aim of the present research is, through a bibliographic review, establish a
relationship between the question of truth in criminal proceedings and the production
of proof of recognition of people. The Penal Guarantee of Luigi Ferrajoli was used as
the main theoretical foundation and, as a legislative framework, was used the
positivation of guarantees brought by the Constitution of the Republic of 1988. The
aim was to assess whether personal recognition, as currently provided for in art. 226
of the CPP and in the forms of its pratical realization, meets (or not) the ferrajolian
perspective of truth in the process. In this way, it was necessary to demonstrate the
importance of the debate about procedural truth and to situate Luigi Ferrajoli’s
position on this issue. It was also sought to verify to what extent the legal provision
and the daily practice of carrying out this procedure are in line with the scientific
production on the subject. It was concluded that there is a discrepancy between the
model of recognition of people that we currently have in the Brazilian criminal
procedure (in art. 226 of the CPP and in practice) and the minimum guidelines
indicated by the psychology of testimony, already adopted by several international
legislations. Thus, using the contributions and knowledge of this branch of psycology,
especially with regard to the functioning of human memory, it is intended to point out
mechanisms embodied in procedural guarantees, that allow greater rational control
of the act of recognition in order to satisfy the research for an approximate truth
(Ferrajolian conception) in the identifications of authorship.
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