Thinking about the quality of adjudication of facts: a model of improvement based on "learning from errors"

• Autor(a) principal: Braga Damasceno, Fernando
• 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/900
• topic: Erro Judiciário; Valoração da Prova; Aprendizado organizacional. Aprendizagem baseada em erros; Inovação Judicial; Wrongful Convictions; Evaluation of Evidence; Organizational Learning; Error-based learning; Judicial Innovation

The tragic consequences of a wrongful conviction require the adoption of mechanisms to prevent its recurrence, and it is not acceptable to disregard the knowledge developed by the safety science, which has long searched for the best path that a given organization should follow to reduce the risk of tragic results in its operation. This article – which seeks to answer the question of which model of protection against error should be adopted by the Judiciary itself – deals precisely with the theoretical knowledge related to the prevention of tragic incidents, with special emphasis on the defense of a friendly approach to errors, which is inevitable to understand their causal complex and to contain their recurrence. From there, a model of organizational learning based on the analysis of cases of judicial errors, indispensable for the evolution of the Justice System, is drawn, which is done from the combination of the claims of safety science, the principles of responsible judicial innovation and the rules that discipline criminal decision-making, especially the facts adjudication.