Cadeia de custódia da prova digital no novo código de processo penal

Abstract

Evidence in Criminal Procedure is the means by which the magistrate forms his conviction about the fact on trial. That is, the evidence in criminal procedure has the power to try to reconstruct the fact typified as a crime, so that it can be judged. Based on this premise, and bearing in mind that the society in which we live is in constant evolution, becoming more and more globalized, 4 modernizing interpersonal relations. In this context, it is possible to see that people's daily lives, including their personal and professional relationships, are becoming more digital every day. Understanding that these digital experiences can serve as evidence for the construction of evidence in criminal proceedings, this research aimed to conceptualize and demonstrate the need for and effectiveness of the chain of custody of digital evidence, which can be defined as the documentation of the entire trajectory of a digital evidence in criminal proceedings, from its origin to its analysis by the judge in the delivery of the criminal sentence in order to ensure the integrity of evidence. It was concluded that, with the advent of Law 13,964/2019 (Anti-Crime Package), the legislator became aware of the need to regulate evidence obtained through digital means. Reinforcing such fact, Bill 8045/2010, which aims to establish the New Criminal Procedure Code, further details the correct way to obtain, handle, preserve and use digital evidence, not allowing it to be vitiated, ensuring its integrity when analyzed by the judge.