Violation of human rights in the procedure for photographic recognition of people

Abstract

The article addresses the violation of human rights in the process of recognizing people, with a special focus on racial discrimination. Its main objective is to analyze the legal guidelines regarding the recognition of people in criminal procedural legislation, together with the jurisprudence of higher courts, such as the STJ and the STF, with the intention of identifying possible violations of human rights, with an emphasis on cases involving people black. To achieve these objectives, the article uses a qualitative literature review, exploring essential concepts for the study. One of the central points of the article is the discussion about racism and selectivity in the criminal justice system, which often lead to miscarriages of justice and serious injustices. Racism is analyzed under three dimensions: individualistic, institutional and structural, highlighting the influence of structural racism on practices of recognizing people, especially to the detriment of black people. Institutional racism is highlighted as a problem that manifests itself in police forces and the criminal justice system through discrimination, arbitrary arrests and unequal treatment based on the race and ethnicity of individuals. Structural racism is discussed in relation to the photographic recognition of people, demonstrating how it can result in violations of fundamental human rights, such as the right to equality, non-discrimination and dignity. The article highlights the need to raise awareness about structural racism and its effects on the procedure for recognizing people, with the aim of promoting a fairer and more equitable legal system, which respects the dignity and rights of all people, regardless of their origin. ethnic or racial. In summary, the study focuses on the critical analysis of practices of recognizing people in the racial context, seeking more egalitarian and respectful justice.