Uma análise acerca da primordialidade da preservação do elemento probatório por meio da manutenção da cadeia de custódia da prova penal

Abstract

This study aims to understand and understand the theme related to the Chain of Custody of the criminal evidence, briefly dealing with the procedural historical evolution that it went from the inquisitorial to the accusatory system. At this point, the focus becomes the performance of the test during the ritual of reconstruction of a fact, making it explicit, especially with regard to the pertinence of the observance of its custody throughout the entire the criminal procedure as a means of keeping intact the democratic rule of law and the criminal guarantees of the individual established by the new legal vision brought by the Federal Constitution of 1988; demonstrating for that some recent positions of the superior courts and always resorting to discussions criticisms regarding memory, the search for a supposed “truth” and also the protagonism of criminal evidence throughout the process. It is important to note that the theme was recently disciplined by the dubbed Projeto Moro, and thus, the academic discussions that orbit the subject are also recent