A relevância dos laudos preliminar e definitivo de detecção de substância entorpecente e suas repercussões no âmbito dos processos relativos aos crimes de tráfico de drogas

Abstract

According to case law understanding, the narcotic substance provisional report is a suitable and sufficient document to file a criminal charge in illicit drugs trafficking crimes cases. Besides, along with the perpetrator indication evidence, it provides basis to pre-trial different types of detention, which are extreme and exceptional measures before the Constitution Fundamental Rights and Guarantees. It is important to highlight that the lack of minimally acceptable technical and formal thoroughness on the elaboration of laboratory testing provisional reports made by the Arresting Police (such as the one of the State of Ceará), without the Official Surveyor, may lead to unjustified filing of criminal charges as well as to mistakenly converting in flagrante delicto detentions into remand. The following paper aims not only to question the superficiality and precariousness of the narcotic substance provisional reports – for instance, the ones produced by the Arresting Police of the State of Ceará – on proving the concrete existence of illicit drugs trafficking crime as described by the Law 11.343/2006, but also to study the consequences of those provisional reports over the judicial trial, inasmuch as the judge may consider with regard indeed frail proof, which may reverberate through a series of drastic measures against the defendant’s liberty and full defense right during the trial. The research on the current theme was brought forth by disquiet about a much unquestioned practice, the proving suitability of the narcotic substance provisional report. The lack of methodological and scientific thoroughness on such reports used by the arresting police of the State of Ceará on the Arrest Reports that investigate illicit drugs trafficking crime has been conflicting with the Presumption of Innocence Principle and also providing feeble grounds for pre-trial detentions, that, given their exceptional nature, should be guided by strong evidence of the existence of the crime, not by mere suspicion. Thus, the current research aims to analyze the narcotic substance provisional reports, specially the ones produced by the Arresting Police of the State of Ceará, for these documents must carry technically and methodologically thorough content not only to allow the filing of a criminal charge, but mostly to firmly justify the conversion of an in flagrante delicto detention into a remand.