Cadeia de custódia na investigação criminal: desafios jurídicos e impactos na produção probatória no processo penal

Abstract

This study aims to analyze the chain of custody within the context of Brazilian criminal procedure, emphasizing its legal framework, its relevance for maintaining the integrity of evidence, and its direct implications for legal certainty. It examines the normative developments brought about by the enactment of Law No. 13.964/2019, known as the "Anti-Crime Package", as well as the operational and legal obstacles that hinder the eff ective implementation of custody procedures, notably the lack of structural resources, procedural standardization, and technical training of public agents. Particular emphasis is placed on the legal consequences of breaches in the chain of custody, which may result in the loss of evidentiary credibility or its inadmissibility in court, thereby compromising the principles of adversarial proceedings, full defense, and due process of law. The analysis also includes the chain of custody applied to digital evidence, which, due to its volatile and easily manipulated nature, requires the adoption of specifi c technical protocols grounded in international standards. Finally, the study presents recommendations aimed at regulatory improvement, institutional capacity building, and procedural harmonization, with the purpose of consolidating a criminal procedural model that ensures legitimacy, predictability, and full respect for fundamental guarantees.