Eficácia dos mecanismos de obtenção e preservação de provas digitais no ordenamento jurídico brasileiro

Abstract

This article aims to analyze the effectiveness of the mechanisms for obtaining, preserving, and evaluating digital evidence in Brazilian criminal proceedings. With the advancement of the internet and the digitalization of social interactions, ensuring the integrity of digital evidence has become essential to prevent injustices and guarantee a fair trial. This research examines general concepts related to evidence and the chain of custody, as well as the specific challenges of digital evidence, comparing Brazilian legislation with foreign regulations, such as those of Portugal and the United States. In this context, the hypothesis is defended that, despite the adoption of standards in Brazil, such as ABNT NBR ISO/IEC 27037:2013, and the influence of legislation such as the Marco Civil da Internet and the General Data Protection Law, there are still gaps in the regulation of digital evidence in the Brazilian legal system to ensure its authenticity and reliability. To this end, the research is based on a hypothetical-deductive approach, analyzing bibliographic data, legal doctrines, judicial decisions, and legislation from Brazil and other countries, focusing on how the legal system addresses digital evidence.