A cadeia de custódia e a validade da prova penal no processo brasileiro

The Chain of Custody and the Validity of Criminal Evidence in the Brazilian Legal System

Abstract

This paper addresses the chain of custody of criminal evidence and its reflection in Brazilian jurisprudence, highlighting its centrality in guaranteeing the authenticity and integrity of evidence in criminal proceedings. The objective is to examine the regulation of the chain of custody introduced by Law No. 13.964/2019 (Anti-Crime Package), identify the interpretative parameters adopted by the Superior Courts, and discuss the legal consequences of a breach of the chain of custody. The study seeks to contribute to the debate on the effectiveness of evidentiary guarantees and to the standardization of jurisprudence, especially in light of the challenges brought about by digital evidence in the post-Anti-Crime Package context. This is a bibliographic and documentary research, with a qualitative approach, using doctrinal and jurisprudential analysis. The results demonstrate that the prevailing jurisprudence requires proof of concrete harm for the recognition of nullity, reflecting a balanced approach between the effectiveness of criminal prosecution and the protection of the defendant's rights. Strict adherence to the chain of custody is essential for the validity of evidence and the credibility of the criminal justice system. Therefore, the adoption of unified protocols that ensure the traceability and integrity of evidence, and the improvement of the handling of digital evidence, are recommended in order to guarantee the traceability and integrity of evidence.