A importância da cadeia de custódia da prova no âmbito do processo penal: uma análise do instituto à luz do entendimento da doutrina e do STJ

Abstract

Within the scope of criminal proceedings, the chain of custody institute that acquired normative discipline from Law nº 13.964/2019, better known as the “Anti-Crime Package”, has proved to be of great value for the preservation of the evidentiary element. In this context, the present work seeks to analyze the importance of the procedural institute of the chain of custody, as well as its documentation in order to guarantee the integrity, suitability and reliability of the source of evidence, from the moment of collection to the disposal phase. Initially, a brief analysis will be made about the evidence in criminal proceedings. Then, it enters into the study of the procedural institute, in the light of the knowledge of the legal doctrine, as well as the understanding of the Superior Court of Justice (STJ) with regard to the consequences arising from the breach of the chain of custody of the evidence. From the present research, it is possible to understand the relevance of the institute of the chain of custody for the preservation of the source of evidence, being this verified based on what the STJ has decided. The methodology of the bibliographical study is of a qualitative approach, of a basic nature, with exploratory and descriptive objectives.