Hipnose forense e a investigação criminal: a técnica como meio de (obtenção de) prova em face dos princípios do direito brasileiro

Abstract

Nowadays, it has been noted that large part of the crimes committed leave few clues, happen in situations that don’t benefit the witnesses (locals with low visibility, at night, etc.) or then many details of these crimes pass unnoticed by the witnesses that, under a strong emotion during the fact, forget many details during the statement. In this connection, the forensic hypnosis arises like a investigative tool to help the police force to uncover evidences that can contribute in the criminal investigation. This Course Conclusion Paper examines the hypnosis history, its main characteristics and myths, besides presenting the risks and benefits noted in the use of such technical within the framework of a criminal investigation. In the aftermath, will be done a comparative among the principles of Brazilian law in order to verify the possibility of the forensic hypnosis’ use not just a tool in a investigation, but also a technique to obtain evidences in the criminal procedure. Finally, it is concluded that the forensic hypnosis still has a lot to contribute in the criminal investigations, but its use as a means of taking of evidence depends of accurate balancing of principles of Brazilian law after the case- by-case assessment.