Assistentes virtuais como espiãs silenciosas: a admissibilidade de prova advinda de dispositivos de inteligência artificial no processo penal brasileiro

Abstract

This study investigates, through a qualitative methodology and bibliographic research, the possibility of using virtual assistants, devices equipped with artificial intelligence, as evidence in Brazilian criminal proceedings. The research is pure and qualitative in nature, with a descriptive and exploratory aim. With the advancement of Artificial Intelligence (AI) technologies and the growing presence of virtual assistants in daily life, such as “Alexa” and “Siri”, there is a need to evaluate their use as tools in criminal investigations, as they function as devices with monitoring and data storage capabilities. The research, based on doctrine, legal articles, legislation, jurisprudence, and comparative law, with an analysis of cases in the United States, seeks to investigate the admissibility of evidence produced by AI devices within the national legal system, considering a comparison with the environmental capture evidence instrument and evaluating impacts related to the right to privacy and data protection, as well as the principles of negative self-defense and reflexive confidentiality, in contrast to the pursuit of procedural truth. It is concluded that, although these technologies can assist in solving crimes, their use imposes challenging legal reflections, requiring an adaptation of the Brazilian legal system to ensure the regulation of this evidentiary increase in the coming years, which will be essential to keep up with the technological evolution of AIs, with the aim of balancing the efficiency of investigations and the protection of fundamental rights.