The regime jurídico das provas digitais no Direito brasileiro

Abstract

This article aims to describe the general panorama of the discipline of digital evidence in Brazilian law. Initially, the fundamental concepts for understanding the theme, about the functioning of Internet connection technologies and access to available applications, are explained. This explanation involves, among others, concepts disciplined by the Law 12.965/2014, such as the concept of internet protocol address (IP address), connection providers and internet applications providers. Then, the procedural regime established by the aforementioned legal statute is described, so that a basic methodology for identifying users from the collection of connection or access data is proposed. Relevant procedural distinctions are also defined, in particular between search and seizure measures and interception of data flow. By the end, considerations are made about the chain of custody of evidence, expertise and hashing, as well as the preservation of content.