IMPORTANCE OF THE CHAIN OF CUSTODY IN BRAZILIAN JUSTICE: THE GUARANTEE OF THE INTEGRITY OF THE EVIDENCE AND THE DECISIVE ROLE IN THE CONDUCT OF LEGAL PROCEEDINGS

Abstract

The chain of custody is a fundamental aspect in the legal field, as it guarantees the integrity and guarantee of evidence in legal proceedings. It consists of a series of measures aimed at documenting and controlling the transfer of possession of a sample or evidentiary material, from its collection to its presentation in court. In Brazilian law, the chain of custody is regulated by the Code of Criminal Procedure, and is considered a requirement for the validity of evidence. Violation of the chain of custody may result in nullity of evidence, jeopardizing the investigation and jeopardizing the search for material truth, in addition to jeopardizing the impartiality of the trial. It is important to emphasize that the chain of custody is not a mere recommendation, but an obligation and responsibility of all parties involved, including police officers, experts, lawyers and magistrates. Along the chain of custody, it is necessary to ensure the identification and registration of all persons who had contact with the evidence, as well as documenting how it was collected, stored and transported. The preservation of the chain of custody is crucial to guarantee the credibility and validation of the evidence acquired in trial processes, and it is a guarantee for all those involved in the pursuit of justice.