• Abstract

    The impact of false memories on cases suspended under article 366 of the Brazilian Code of Criminal Procedure

    Published date: 22/10/2025

    This article examines the impact of the suspension of the statute of limitations in criminal proceedings, with particular focus on the procedural instruction and testimonial evidence. The methodology adopted includes a theoretical analysis of the implications of the statute of limitations, the phenomenon of false memories, and the fragility of testimonial evidence, especially when there is a long interval between the event and the instruction of the case. The study highlights that when the case is suspended, as per Article 366 of the Criminal Procedure Code, attempts to locate the defendant or ensure their presence in court can result in long periods without progress in the case. As a result, witnesses' memories may deteriorate, leading to distortions in recalling events and increasing the possibility of false memories, which are not deliberate lies, but rather inaccurate and spontaneous reconstructions of events. These false memories can undermine the accuracy of witness statements and affect the pursuit of truth. The research concludes that, to improve the effectiveness of evidence gathering and reduce the risks of judicial errors, it is essential for the Public Prosecutor's Office to promote the indictment promptly, minimizing the impacts of time and preserving the integrity of testimonial evidence.

Revista Integratio

Integratio Journal (RI) prioritizes the publication of original scientific articles by undergraduate students from all fields of knowledge, valuing original research that contributes to new academic debates.

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