Entre as ciências forenses e o processo penal : a propositura de um diálogo interdisciplinar na regulamentação e na aplicabilidade prática da cadeia de custódia da prova pericial

Abstract

This research is part of the INCT Forensic Sciences project and proposes to provide an interdisciplinary approach to the chain of custody of expert evidence. The problem arises from the necessity to overcome a series of practical obstacles to establish, culturally and institutionally, the importance of a proper custody of evidence. The proposed hypothesis is that for an effective regulation, implementation and legal reflection on the chain of custody, it is essential to establish not only an interdisciplinary dialogue on the subject, but also to stipulate rules that ensure the exchange of knowledge and experiences. The main goal of the research was to understand the chain of custody in its wide perspective, its practical applicability and how the issue has been discussed in the courts. As specific objectives, we sought to: (i) understand the development scenario of forensic sciences and its impact on expert evidence; (ii) identify the characteristics and peculiarities of expert evidence, especially in relation to the method of analysis and its importance in criminal proceedings; (iii) determine the extent of applicability of the chain of custody in the context of expert evidence; (iv) enhance the knowledge about the chain of custody and analyze the practical adequacy of the normative brought by Law n. 13.964/2019; (v) understand from which cases the discussion about the chain of custody has been taken to courts in southern Brazil and how the position has been in each of them; and, finally, (vi) propose guidelines that can be used both for the development of an effective chain of custody and for understanding the legal and practical consequences of any inconsistencies in the chain of custody. To do so, the hypothetical-deductive method was used, with the technique of literature review and jurisprudence analysis. It was also carried out technical visits to understand, in practice, the procedure used in the internal chain of custody. Throughout the study, legal and practical limitations were identified, developing a guiding principle for the chain of custody, which served as a reference for the development of an interdisciplinary model for the regulation and practical applicability of the expert evidence.