A quebra da cadeia de custódia e a ilicitude da prova pericial

Abstract

The advancement of applicable technologies for crimes elucidation emphasizes the expert evidence in criminal proceedings, pointed out by its extracted results. In this context, it shows the need for a technical suitability of the methods used to treat the evidence sources to the criminal proceedings principles. Thus, the chain of custody issue comes as an elemento which is able to give to the expert evidence the credibility to feature this point. This work deals with the analysis of the possible consequences about the infringement of this important institute in the criminal prosecution, especially in regard to the illegality of the evidence. It also seeks evidences to show, in the current situation, legal and procedural, the chain of custody on the national scene.