Due Process of Law and the Use of Memory from the Perspective of the Chain of Custody

  • MATHEUS URGNIANI UNOESC
Keywords: Legitimacy; Method; Complexity

Abstract

This article aims to analyze the relationship between due process and the use of memory as evidence in criminal proceedings, within the context of the chain of custody of evidence, highlighting the legal and epistemological implications that permeate the validity of the reconstruction of the fact. Evidence, as an essential element of criminal proceedings, must be examined from a solipsistic perspective, but in a scientific manner, ensuring its legitimacy within the Democratic Rule of Law. The research problem is to understand to what extent the chain of custody, especially when linked to the reliability of memory, influences the legality of the judicial decision and the realization of fundamental guarantees. To this end, the method adopted was deductive, based on a bibliographic review, through scientific articles, theses, and doctrine of the psychology of testimony, in order to establish a critical dialogue between legal dogmatics and the requirements of due process. In conclusion, it is argued that the preservation of evidentiary integrity and respect for due process are necessary conditions for the legitimacy of the exercise of state punitive power.
Published
2025-12-03
Section
Ciências Sociais Aplicadas