A cadeia de custódia das provas a partir das alterações da lei 13.964 de 2019

Abstract

This monographic work presents an analysis of the chain of custody of criminal evidence based on the changes in Law 13.964 of 2019, aiming to detect the changes related to technical procedures, jurisprudence and doctrine, caused by the changes in the Anticrime Package. Qualitative research was carried out based on a bibliographical review from the main scholars on the topic, as well as an analysis of the judgments in the Superior Courts and the Court of Justice of Tocantins. After this analysis, it was possible to identify that there is no uniformity, either in the doctrine or in the jurisprudence regarding the consequences of the evidence obtained in the violation of the chain of custody. For some, the contaminated evidence should be considered null and void and removed from the process. For others, contaminated evidence should be subject to judicial discretion in each specific case. The consequences of breaking the chain of custody are a controversial topic, since it involves a discussion around constitutional rights and guarantees. There are several principles involved in criminal evidence: the adversarial system, the presumption of innocence, due process, full defense, non-self-incrimination, among others. During the research, it was noted that the topic of criminal evidence goes beyond criminal procedural law, as it is from the production of clear and incontestable evidence that a fair and democratic society can be conceived.