Quando o vídeo absolve: a utilização da imagem como prova dentro do sistema de justiça criminal no âmbito do Tribunal de Justiça do Estado de Minas Gerais

Abstract

The present study analyzes how video evidence influences judicial decisions regarding acquittals in criminal cases. The research seeks to understand the relationship between the use of these evidentiary elements and judicial outcomes resulting from their use, exploring the subjectivity and variations in the interpretation of videos by judges. The methodology employed was qualitative, with a descriptive survey and analysis of the court rulings. Initially, jurisprudential research was conducted in the Court of Justice of the State of Minas Gerais (TJMG), using the terms "prova" and "video" to filter and construct a database populated by the most relevant decisions. This phase involved collecting judgments published between March and May from 2021 to 2023, covering civil and criminal cases. After collection, the decisions were organized and preliminarily analyzed, using criteria such as the relevance of the video within the evidentiary set. In the qualitative phase, the analysis focused on 27 judgments where video evidence was used as a justification for acquittal in criminal cases. We examined the particularities of each case to understand how the judges treated video evidence in their reasoning. This approach allowed for a deeper understanding of the implications and impact of video evidence in judicial processes. The theoretical framework highlights the complexity and subjectivity of interpreting videos as judicial evidence. Previous studies indicate a tendency to view videos as objective representations of facts. However, some judges adopt a more critical approach, acknowledging video evidence’s limitations and its potential manipulation. The dissertation reviews discuss the influence of audiovisual technologies on judicial processes and the need to develop skills to interpret such evidence appropriately and critically. The intended results included identifying patterns and trends in the use of video evidence and understanding the reasons leading to acquittals based on such evidence. The findings indicated that most criminal judgments involving video evidence result in convictions.