A ADMISSIBILIDADE DAS PROVAS DIGITAIS NAS AÇÕES DE ALIMENTOS: UMA ANÁLISE À LUZ DO CÓDIGO PROCESSO CIVIL CONTEMPORÂNEO

Abstract

This article aims to analyze the admissibility of digital evidence in alimony lawsuits, with an emphasis on evidence obtained through individuals' voluntary disclosure on social media. The study is based on the observation that, in contemporary times, much of one's private life is shared virtually, making social media important tools for assessing the financial situation of litigants. Given the difficulty of proving the financial capacity of the person paying alimony using traditional means alone, the research discusses the need for civil proceedings to adapt to new technologies, reconciling the principles of full defense, adversarial proceedings, and factual truth. The methodology used was based on bibliographical and case law research, with a qualitative approach, based on the analysis of contemporary doctrines and court decisions on the subject. The results indicate that the 2015 Code of Civil Procedure, especially its art. 369, allows the use of atypical evidence, including digital evidence, provided it is obtained lawfully and morally legitimate. It was also found that Brazilian case law has recognized the validity of social media posts as evidence of outward signs of wealth, applying the theory of appearance in these cases to ensure greater effectiveness of alimony protection. It is concluded that digital evidence represents an essential evidentiary tool for enforcing the right to human dignity. However, it requires technical and regulatory rigor regarding its authenticity and integrity to ensure legal certainty and substantive justice in alimony claims.