Cadeia de custódia de provas digitais

Abstract

The constant presence of technologies in everyday life requires an approach that considers the interaction between technological, social and legal dimensions. It is crucial to establish transparent parameters to guarantee the authenticity and integrity of digital evidence, avoiding the nullity of evidence due to methodological negligence. The chain of custody plays a key role in preserving the authenticity of evidence and its definition is in the Code of Criminal Procedure. However, the consequences of breaking the chain of custody of digital data are not specifically addressed in the law, resulting in the illegality of all evidence related to the infringed material. The exclusion of this evidence seeks to preserve the integrity and reliability of the criminal process, guaranteeing the observance of fundamental rights. The work addresses the relevance of this recent issue for the justice system, analyzing the Theory of Evidence, digital evidence, chain of custody and the effects of its breakdown. The adopted approach is deductive, with descriptive and argumentative methods, using bibliographical and jurisprudential analysis as a research technique.