Vídeos informativos sobre ciências forenses: um instrumento para melhorar a compreensão judicial da prova pericial

Abstract

The increasing reliance on expert evidence in criminal proceedings has highlighted a growing tension between the technical sophistication of forensic sciences and the limited scientific literacy of legal decision-makers. However, the technical complexity of forensic methods is not always matched by a corresponding ability of judges to understand and critically assess the methods and inferences that underpin this type of evidence. Empirical studies have shown that judges and jurors frequently assign high probative value to expert testimony based on extrinsic markers of authority — such as the expert's declared experience, institutional status, or confident demeanor — rather than on scientific criteria of validity and reliability. This article examines the limitations in the validity and reliability of various commonly used forensic techniques, drawing attention to the risks associated with their uncritical use in criminal trials. Building on this diagnosis, the article proposes an innovative communicational solution: the use of standardized informational videos, shown prior to the presentation of forensic expert evidence, aimed at promoting a minimal but critical understanding among decision-makers. Drawing on recent experimental studies, it is shown that this intervention improves judges’ sensitivity to the methodological soundness of forensic evidence, without generating undue skepticism. The proposal is particularly relevant in the Portuguese legal context, where a culture of uncritical deference to technical expert discourse still prevails. In this setting, informational videos emerge as a low-cost pedagogical tool with high epistemic potential, capable of strengthening the rational basis of judicial decisions and fostering a more informed and methodologically aware criminal justice system.