CHAIN OF CUSTODY: A DEMOCRATIC CONTRIBUTION TO CRIMINAL PROCEDURE

Abstract

This article analyzes the chain of custody in Brazilian criminal procedure, focusing on its role as an instrument to ensure the integrity and reliability of evidence. It begins by examining its origins in foreign law, as well as its development within the Brazilian legal system, from implicit provisions to its formal incorporation by Law No. 13,964/2019. The study addresses the concept of evidence, the distinction between investigative elements and evidence in the strict legal sense, and the legal definition and stages of the chain of custody. It also explores the relationship between this institute and constitutional guarantees, such as due process of law, adversarial proceedings, full defense, and the inadmissibility of unlawfully obtained evidence, highlighting its importance in a democratic criminal justice system. Using a qualitative and deductive approach, supported by bibliographic and jurisprudential analysis, especially from higher courts, the study identifies divergences regarding the consequences of breaches in the chain of custody. It concludes that strict compliance with the chain of custody is essential for the validity of criminal evidence, and that its violation is sufficient to compromise reliability, regardless of additional proof of prejudice.