A CADEIA DE CUSTÓDIA DA PROVA NA PERSECUÇÃO PENAL: SUA POSITIVAÇÃO PELA LEI ANTICRIME COMO MEDIDA MODERNIZADORA PARA A INVESTIGAÇÃO CRIMINAL
Abstract
Abstract: This article addresses the issue of chain of custody of evidence in criminal proceedings and its affirmation by the Anti-Crime Law in the Brazilian legal system, as a measure of modernization of criminal investigation. The Federal Constitution guarantees the fundamental right to lawful evidence, as one of the corollaries of due legal process, which constitutes the legitimacy of criminal prosecution. On the other hand, if there is contamination of the evidence, it cannot be valued by the judge or must be removed from the process, according to the majority position of doctrine and jurisprudence. In addition, a study is made about the doctrinal criticisms when the chain of custody is broken in the police investigation, which can lead to the suspension of the criminal action. It seeks to present, in a didactic and clear way, the purpose of the chain of custody of evidence in criminal proceedings, as a technology to guarantee the reliability of technical evidence for a model of fair criminal procedure. The research methodology used in the study is bibliographical and documental that focuses on the researched topic. From this perspective, it is demonstrated that the affirmation of the chain of custody of evidence in criminal proceedings is a modernizing measure of criminal investigation and, at the same time, an essential tool for the right of defense, which will guarantee the fundamental right to lawful evidence.
Keywords: Chain of custody. Criminal prosecution. Test. Police inquiry.
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