FAKE NEWS E MEMÓRIA COLETIVA:

repercussões no estado de inocência constitucional enquanto direito fundamental da personalidade

Abstract

The main objective of this research is to explore the connection between Fake News and the idea of ​​false memories as a possible ineffectiveness of the search for truth in the criminal process. False memories are memories constructed or distorted by suggestions, social pressures, and other influences. Being at the legal level, such memories can result in unfair accusations and erroneous convictions, directly affecting personality rights with regard to human identity. In this way, this article argues about the concern of justice in the specific case given the high incidence of testimonial evidence in processes to resolve crimes that permeate society. To carry it out, the hypothetical-deductive method was used, with bibliographical research on different scientific research platforms on the topic, such as physical and virtual libraries, scientific articles and current legislation. With the work it was observed that Fake News are factors that can permeate memories, falsely altering them within society, while their incorporation has catastrophic consequences in criminal proceedings in the face of testimonial evidence, as they violate the rights of the personality with the mischaracterization of the identity of the accused.