Os impactos da ruptura da cadeia de custódia e da validade das provas no crime de tráfico de drogas: um estudo crítico do habeas corpus nº 653.515/RJ

Abstract

This monograph aims to examine the impacts of the breakdown of the chain of custody on the validity of evidence in drug trafficking offenses, with a focus on Habeas Corpus No. 653.515/RJ. The investigation is based on the innovations introduced by Law No. 13,964/2019, which inserted Articles 158-A to 158-F into the Code of Criminal Procedure, establishing strict mechanisms for the control, documentation, and preservation of evidence. The study also relies on Law No. 11,343/2006, which establishes the National System of Public Policies on Drugs (Sisnad), regulating strategies for prevention, treatment of addicts, and repression of illicit drug trafficking. The analysis of Habeas Corpus No. 653,515/RJ shows that the lack of traceability of evidence compromises its legitimacy, resulting in the nullity of the probative material, as established by the Superior Court of Justice. It is therefore emphasized that strict observance of the chain of custody is essential, as a guarantee of the veracity of the evidence and the impartiality of judicial decisions. The work underscores the urgency of strict standards and the technical training of professionals responsible for the collection, handling, and documentation of evidence, ensuring the integrity of evidentiary elements and strengthening the effectiveness of procedural guarantees in the Brazilian criminal justice system.