Criminal identification

the necessary exceptionality

Authors

  • Marcos Alexandre Coelho Zilli

Keywords:

Criminal identification, Civil identity, Fundamental rights, Legal certainty, Exceptionality

Abstract

The article examines the criminal identification of the civilly identified person, from its historical origins to the new constitutional order. The methodology used is the historical-dogmatic and jurisprudential analysis of doctrine and precedents on the subject. The exposition covers the evolution of identification systems, Precedent 568, the constitutional prohibition of art. 5, LVIII, and the exceptional hypotheses admitted by doctrine and courts. The investigation examines Ordinance 6/98 of the Department of Police Inquiries and concludes that objective doubts about identity are equivalent to its absence, authorizing criminal identification, provided it is reasoned and moderate, in the name of legal certainty.

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References

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Published

1998-10-01

How to Cite

ZILLI, Marcos Alexandre Coelho. Criminal identification: the necessary exceptionality. Brazilian Journal of Criminal Science, São Paulo, v. 24, n. 24, p. 245–255, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3791. Acesso em: 20 oct. 2026.
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