O desafio do uso das provas digitais no processo penal: a necessidade de investigação e a proteção da privacidade

Abstract

This study analyzes the use of digital evidence in the Brazilian criminal procedure, emphasizing its legal challenges, particularly regarding the validity of the chain of custody and the protection of fundamental rights. The increasing digitalization of social relations has expanded the use of electronic data as evidence, requiring the legal system to adapt to the volatility, fragility, and susceptibility to manipulation of such information. In this context, the research examines the need for strict criteria in the collection, preservation, and evaluation of digital evidence to ensure its integrity and authenticity. It also addresses the tension between effective criminal investigation and the protection of privacy, considering constitutional limits, the Internet Civil Framework, and data protection legislation. Finally, the study highlights the importance of judicial control and the chain of custody as essential mechanisms to ensure the legitimacy of digital evidence and to prevent violations of fundamental rights in contemporary criminal proceedings.