A CADEIA DE CUSTÓDIA DA PROVA E OS CRIMES AMBIENTAIS NO CONTEXTO AMAZÔNICO: UM OLHAR JURÍDICO E SOCIAL
This article addresses the importance of the chain of custody in the Brazilian legal system, focusing on the southeastern region of the State of Pará, and its relevance for the integrity and admissibility of evidence in criminal proceedings. The Federal Constitution of 1988 ensures due process, full defense and the presumption of innocence, and Law No. 13,964/2019, known as the Anticrime Law, strengthens the chain of custody in criminal proceedings, requiring strict procedures to preserve evidence from its collection to disposal, including seals and adequate packaging, as well as a detailed record of the people involved in handling the evidence. Violation of these rules may invalidate the evidence. In Pará, territorial and logistical characteristics make it difficult to effectively implement the chain of custody, but important measures, such as the creation of the Working Committee for Implementation of the Chain of Custody and the Belém Custody Center, have been implemented, with training for security agents. Although the collaboration of these agents, experts, prosecutors and lawyers is essential, challenges persist, such as the lack of training and inadequate forensic infrastructure, which compromises the integrity of evidence. In addition, technologies such as drones and GPS have been used to improve evidence collection in remote areas. The research emphasizes the importance of investments in infrastructure, training and appropriate technologies to strengthen the chain of custody, ensuring justice and environmental protection. The analysis is based on case studies and literature review, offering a comprehensive overview of current practices and proposed solutions.
Authors
- José Luís Themudo-Barata (ORCID: https://orcid.org/0000-0002-9465-056X)
- T. Vargas
- Carlo Henrique Quirino
- Karina Furman
Publication Details
- Journal
- Revista fisio&terapia.
- Published
- 2024-11-29
- DOI
- https://doi.org/10.69849/revistaft/fa10202411291845
- Primary Topic
- Brazilian Legal Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00