CONSEQUÊNCIAS DA QUEBRA DA CADEIA DE CUSTÓDIA DA PROVA À LUZ DO PROCESSO PENAL

Abstract

The purpose of this study is to analyze the institute of the chain of custody of evidence and the consequences arising from its violation under Brazilian criminal procedural law. Initially, we will address the relevance of evidence for forming the conviction of the judge and the drafting of sentences, as well as the implications resulting from illicit evidence. Subsequently, we aim to demonstrate the principles related to the chain of custody, such as the concept of it and its value for the documentation and traceability of the path of evidence, based on an analysis of the innovations introduced by Law nº 13.964/2019, known as the Anti-Crime Package, which incorporated this institute into the Criminal Procedure Code. Later, the consequences of the chain of custody will be examined through doctrinal analysis. Finally, we present reflections on the importance of the chain of custody as a guarantee of the reliability of the evidence.