CADEIA DE CUSTÓDIA E SUA RELEVÂNCIA NA PERSECUÇÃO PENAL

Abstract

ABSTRACT

This study intends to analyze the chain of custody procedures in criminal prosecution, based on a legal and bibliographic review, together with the analysis of relevant former court decisions. At first, it addresses the matters cocerning the truth in criminal proceedings and evidences in general in the same regard, without exhausting the complex subject of the general theory of evidence. Subsequently, the applicable principles regarding the chain of custody procedures are addressed. Afterwards, the chain of custody topic is approached in an introductory manner, in order to conceptualize and contextualize its legal regime. Then, the stages of the chain of custody procedure set are displayed and clarified in that manner. In the same section, the differences between the chain of custody of the evidence and the evidence of the chain of custody are approached. In the fourth section, the chain of custody in the scenario of digital evidences is analyzed and in the subsequent section, an examination concerning the necessity for evidence of the chain of custody is presented. Furthermore, there is a review of legal writing and former court decisions concerning the developments of break on the chain of custody. Untimately, the relevance of the chain of custody procedures is exposed in order to assure the authenticity and integrity of the evidence in criminal prosecution.

Keywords: Proof. Chain of Custody. Proof of Chain of Custody. Consequences of Break on the Chain of Custody. Law No. 13.964/19.