Provas eletrônicas advindas das mídias sociais: uma análise de sua admissão no Tribunal de Justiça do Estado de Minas Gerais à luz da fiabilidade

Abstract

This article aims to investigate the criteria used by the TJMG for the admission of digital evidence in civil and criminal proceedings, focusing on printouts of documents from social networks. To this end, a systematic analysis of judgments of the Court of Justice of the State of Minas Gerais on the subject will be carried out. The theoretical framework that guides the research is the concept of evidence reliability, as adopted by Geraldo Prado. In the end, the result of the research indicates that the judge does not establish clear and sufficient parameters to ensure the reliability of digital evidence, and the rare “criteria” identified in the summaries were used sparsely, separately, and without systematization. In this sense, a gap was observed in relation to the criteria that should have been brought by the judges to admit, or not, digital evidence in the proceedings, considering its reliability. Even in the face of several studies on the admissibility of digital evidence in the doctrine, the case law lacks a systematization in this sense, which reflects the absence of a logical standard for the admission to occur. This even justifies the relevance of this study in the current day and age.