Federal Senate, in Brasilia

The Federal Senate approved this Wednesday, 13, a bill (PL) in the scope of criminal investigations. PL 676/2021 creates new procedures for recognizing people. It aims to reduce the chances of arresting an innocent based on assumptions as well as mere racial prejudice. The project is now going to the Chamber.

The article, authored by senator Marcos Do Val (Podemos-ES) and reported by Alessandro Vieira (Cidadania-SE), provides for the entire recognition procedure to be recorded, whenever possible, and, if the suspect is recognized, this recognition must be confirmed by other evidence.

The suspect will also have the right to be accompanied by a defender. The person to be recognized and the recognizer must make the race self-declaration.

According to Do Val, 83% of those arrested unfairly due to lack of recognition are black. It’s a prison system problem. “The self-declaration of race, of recognizer and recognized, tends to reduce this incidence”, said the rapporteur. For him, personal recognition can help solve a crime, as well as lead to unfair convictions if it depends on the memory of the victim or witness.

“Furthermore, if personal recognition does not observe a specific procedure, which guarantees freedom of recognition and avoids the risk of induction by public agents who conduct it, it may become an instrument for preparing forged evidence, hindering the discovery of the truth of facts, which will also lead to the emergence of injustices”, affirmed the rapporteur in his opinion.

With Brazil Agency

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