Institutionalized Testimonial Injustices: The Construction of a Confession Myth

• Autor(a) principal: Fricker, Miranda
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/820
• topic: Injustiça testemunhal; injustiça agencial; injustiça testemunhal institucionalizada; excesso de credibilidade; Testimonial injustice; agencial Injustice; institutionalized testimonial Injustice; credibility excess

Although testimonial injustice was originally conceived as a prejudiced and unwarranted reduction of credibility, in this text the concept is expanded according to Jennifer Lackey’s proposal to include excess credibility caused by agential epistemic injustice as part of the concept. Agential epistemic injustice occurs when excessive credibility is attributed to a person’s statements precisely when the subject’s epistemic agency (the condition of acting as a subject of knowledge) has been obstructed. From a concern with institutional reform, the article both examines the context of criminal justice systems that facilitate false confessions and proposes reflections on the changes that are necessary for the implementation of more epistemic justice within those systems.