Abstract

TEMPLO CORCINO, Víctor Fernando. CHALLENGES AND OPPORTUNITIES IN THE APPLICATION OF PRE-CONSTITUTED EVIDENCE IN THE CRIMINAL PROCESS. Aula Virtual [online]. 2025, vol.6, n.13, e433.  Epub June 19, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.15132946.

Pre-constituted evidence in the criminal justice field is a topic of growing relevance, particularly in the context of defendants' rights. This issue is critical, as the way such evidence is handled can significantly affect the right to an effective defense. The objective of this article is to analyze the impact of pre-constituted evidence on the effectiveness of defendants' rights to a defense in cases of receiving stolen goods. To achieve this, a systematic review was conducted, compiling and analyzing recent studies on the subject, providing a deeper understanding of the dynamics involved. The results indicate that the quality and management of pre-constituted evidence are crucial for the preparation of the defense, highlighting that the lack of a clear regulatory framework can lead to inequalities in legal representation. The most significant conclusion of this study is that it is imperative to strengthen procedural guarantees and defendants' rights by promoting specialized technical training for defense attorneys. This will not only improve the quality of the defense but also ensure a more equitable and just criminal justice system for all parties involved.

Keywords : Pre-constituted evidence; right to defense; defendants; receiving stolen goods; effectiveness.

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