CHAIN OF CUSTODY: AN ANALYSIS ABOUT THE CHRONOLOGY OF THE PROOF AND THE APPLICATION OF THE PRINCIPLE OF PROPORTIONALITY

Abstract

THIS RESEARCH WAS BASED ON THE PRISM OF CRIMINAL EVIDENCE, DEMONSTRATING HOW THIS PHASE OCCURS IN THE PROCEDURAL CONTEXT, PAYING ATTENTION, MAINLY, TO ITS CHRONOLOGY AND HOW ITS ILLICIT PRODUCTION REFLECTS IN THE REALIZATION OF GUIDING PRINCIPLES OF THE BRAZILIAN LEGAL SYSTEM. IT WAS ALSO DISCUSSED HOW THIS INSTITUTE OF CRIMINAL PROCEDURE IS ESTABLISHED, IN ORDER TO DEMONSTRATE ITS STEP BY STEP, FROM COLLECTION TO DISPOSAL, THROUGH THE CHAIN OF CUSTODY, AN INNOVATION BROUGHT BY LAW NO. 13.964/2019. THE ISSUE THAT INVOLVES THE RESEARCH SOUGHT TO ANSWER ABOUT THE ACCEPTANCE, OR NOT, OF ILLICIT CRIMINAL EVIDENCE �€ŒPRO REO�€ IN LIGHT OF THE PRINCIPLE OF PROPORTIONALITY AND WHAT HAS BEEN THE UNDERSTANDING OF BRAZILIAN COURTS IN RELATION TO THE MATTER. THROUGH THE METHODOLOGY OF BIBLIOGRAPHIC RESEARCH, BASED ON DOCTRINAL POSITIONS, IN SPITE OF, AMONG OTHER AUTHORS, NUCCI (2021), CAPEZ (2021), PRADO (2020), IT WAS DISCUSSED WHAT CURRENT JURISPRUDENCE AND DOCTRINE HAVE DECIDED ON THE INSTITUTE OF ILLEGAL EVIDENCE. THIS RESEARCH AIMED TO DEMONSTRATE HOW THE LEGAL SYSTEM SHOULD ORGANIZE ITSELF IN THE FACE OF CONFLICTS INVOLVING FUNDAMENTAL RIGHTS AND GUARANTEES INHERENT TO HUMAN DIGNITY, NOT USING ABSOLUTISM IN THE VALUATION OF THESE ISSUES WITH A FOCUS ON MAINTAINING THE DEMOCRATIC RULE OF LAW. FINALLY, IT WAS CONCLUDED THAT THE BRAZILIAN COURTS, FOR THE MOST PART, HAVE DECIDED ON THE PRINCIPLE OF PROPORTIONALITY OF ILLICIT EVIDENCE PRO REO, THUS AIMING TO DISQUALIFY AN ABSOLUTE EVIDENTIARY SYSTEM.