Prova Pericial e Vieses Cognitivos: o problema dos quesitos e dos quesitos complementares no processo penal brasileiro

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The article deals with the problem of cognitive biases in the production of expert evidence, focusing on the Brazilian criminal procedure. Based on a descriptive analysis of empirical studies already published, it seeks to conceptualize what those biases are, confirmation bias and contextual bias consist of, how they can affect the production of this evidence and what could be done to limit them, analyzing if the adversarial principle can serve this purpose. Based on this, the aim is to examine whether these biases can affect the phase of formulating questions - initial or complementary - to expert witness in Brazilian criminal proceedings, an initial stage in the formation of expert evidence, but that can compromise all of its results. In the end, based on the theme of those questions, the article aims to demonstrate the risk of treating expert evidence through procedural rules that do not pay attention to the problem of cognitive bias, which can mean that institutes developed in theory to give more quality to expert evidence increase the chances of these biases occurring ​
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