Images That Condemn: Photographic Recognition in the Social Media Era and its Connection Between the Labelling Approach and Epistemic Injustice in Criminal Proceedings

Abstract

Photographic recognition can be defined as a criminal identification procedure without express legal provision, but widely used by analogy to article 226 of the CPP, and it is very important for jurists, human rights defenders, and the criminal justice system. In this context, issues regarding the use of images extracted from social networks are addressed, specifying the theme of penal selectivity and judicial errors. Thus, it is evident that the problem revolves around the question: how do the labelling approach and structural epistemic injustice contribute to false recognitions of Black and marginalized individuals? The study is important because it brings consequences to social and legal reality by denouncing structural racism and evidentiary fragility in criminal proceedings. The objective is to solve the uncritical use of photographs as isolated evidence. Methodologically, qualitative research and analysis of concrete cases are used. It concludes that the topic demands formal rigor and institutional criticism to avoid convictions based on stigmas.