A necropsia como evidência científica nos processos criminais: valor probatório, cadeia de custódia e limites na formação do convencimento judicial
Year: 2026
Type: article
Abstract: This article analyzes forensic necropsy from the perspective of its evidentiary value within the Brazilian criminal procedural system. As an indispensable forensic procedure in offenses that leave cadaveric traces, necropsy substantiates both the legal and medical cause of death, elucidating the dynamics of events, causal links, and potential criminal aggravating circumstances. It examines the interface between Forensic Medicine and Criminal Procedural Law, emphasizing strict compliance with the chain of custody established by Federal Law No. 13,964/2019 and the judge's evaluative autonomy guaranteed by the principle of rational persuasion under Article 182 of the Brazilian Code of Criminal Procedure. The methodology consisted of qualitative bibliographic and documentary legal research, grounded in classic and contemporary doctrine as well as statutory frameworks. The findings demonstrate that the integrity of expert evidence relies on the uncompromised traceability of every cadaveric trace, without which the forensic report faces epistemic vulnerability. It concludes that, although cadaveric reports do not carry an absolute presumption of truth, their technical precision and methodological consistency provide the essential foundation for due process and the resolution of reasonable doubt in criminal trials.
Source: Revista fisio&terapia.
DOI: 10.69849/wj0txm64
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225803796
FWCI:
Cites:
Cited by:
Related to: