A cadeia de custódia da prova digital: novos desafios ao processo penal.

Abstract

In an increasingly digital world, where legislation is unable to keep up with constant technological innovations, this article seeks to understand the concept of digital evidence and the characteristics that compose it, demonstrating the concern about the special procedures that must be adopted in its chain of custody. It is intended to evaluate the Brazilian normative production, as well as the academic production that guide the theme, to highlight the importance of such procedures. The jurisprudence of the higher courts will also be analyzed in this work, which will allow us to conclude that in addition to the legislative gap and a doctrine that is not peaceful, there are decisions of de highest courts that attribute probative responsibility to the accused that does not match a constitutionally understood Criminal Procedure. At the end, some techniques to be used in order to guarantee the reliability of the evidence will be listed.