THE USE OF DIGITAL EVIDENCE IN CRIMINAL PROCESSES

Abstract

The technological advancement in the treatment and recording of information, which began in the 20th century, gave rise to the information society, where information takes center stage, surpassing traditional means of production and distribution of goods. This scenario brought significant changes in the processing, storage, and diffusion of data, including the use of intermediaries (programs), the increase in the volume of digital data, data compression, the immateriality of data, and its volatility. In the legal field, digital evidence has gained prominence in Criminal Procedure, with methods such as telematics interception and the seizure of electronic devices being used. However, the lack of specific regulation and jurisprudential uniformity complicates the proper handling of this evidence. Digital evidence has distinct characteristics, such as independence from the physical medium, the possibility of cloning, and the need for equipment to access it. Furthermore, data can be accessed both when stored on devices and during transmission, encompassing the areas of informatics and telematics. The definition of "document" is crucial to determine the validity of digital evidence. Although similar to traditional documents, digital evidence differs in its immateriality and independence from the physical medium, requiring specific care in its collection and analysis. Documenting the chain of custody is essential to ensure the authenticity and integrity of digital evidence; otherwise, it may be deemed inadmissible in criminal proceedings.