A CADEIA DE CUSTÓDIA E A PERÍCIA TÉCNICA NAS PROVAS DIGITAIS COMO INSTRUMENTO DE GARANTIA DOS DIREITOS FUNDAMENTAIS

Abstract

The purpose of this article is to analyze the vulnerability of digital evidence and analyze the means of obtaining, admitting and protecting it during criminal prosecution, thus guaranteeing the inviolability of fundamental rights provided for in the Magna Carta. Technological innovations have brought new means and methods of proof, so we will analyze the forms of admissibility and use of digital evidence in criminal prosecution, and the guarantee of its equal reliability with other evidence collected in criminal proceedings, furthermore as going into the ways of guaranteeing and protecting its scientific validity. With regard to digital evidence, the focus of this work is to demonstrate its relevance today, moreover as the weaknesses inherent in its characteristics. The hypothesis of the work is that digital evidence plays a relevant role in today's legal world and especially in the reasoning of the judge's decisions, since the existence or not of a typical fact, furthermore as authorship, can be demonstrated through it. The specific objectives of the research are: a) to discuss the fundamental precepts regarding criminal prosecution; b) to address the characteristics and vulnerabilities of digital evidence; c) to discuss and address methods of guaranteeing the integrity of evidence, its scientific validity and to promote greater legal certainty with the use of this evidence in criminal proceedings. In conclusion, it can be seen that digital evidence plays a fundamental role in current proceedings and should have the same level of influence on the judge's decision as other evidence. To this end, additional measures are needed in the assessment of digital evidence to guarantee its reliability and the inviolability of fundamental rights, and it cannot be used without first having been subjected to procedures that guarantee its authenticity. The research method is deductive, supported by bibliographical research.