Análise da validade dos documentos eletrônicos na sistemática processual civil constitucional brasileira: evolução do sistema probatório e a sociedade da informação

Abstract

This paper wants to analyze the legal validity of electronic documents in national law, an issue that has gained importance because of the increasing of using in Information Technology by the Judiciary. To come to an agreement of the subject, it is necessary to make a preliminary study of the events’ succession that took away today’s Information Society in view of the deep changes that came with it. Quick description of the Brazilian probatory system also will be boarded in the present study, focusing on documentary evidence. It is going to analyze some aspects about Computer Forensics and Digital Certificate, either, which are fundamentals to a further completely understanding of the topic. Far will also be studied some of the understandings of the Judiciary that need to be reviewed, on pain of serious consequences to be imposed under jurisdiction, as occurs on the procedural information contained in the sites of the courts. It is going to verify the changes needs to some legal institutes, intend to do that not in line with the processed technological revolution, noting that the Draft of the new Procedural Law Code come to the legal world already somewhat outdated.