Eletronic evidence

Abstract

This research’s objective is to study electronic evidence and its admissibility in the Brazilian legal system; furthermore, the rising use of electronic media leads to increasingly fast and complex social relations. This process generates problems for legal scholars; as there is growing necessity to establish legal premises for the various modalities of evidence that germinate in the digital age. Moreover, even if the Brazilian legislation has timidly regulated this matter, it nevertheless aims to ensure security and suitability for the evidence produced in legal demands. Furthermore, the Brazilian Code of Civil Procedure regulated some aspects of digital documents, as well as Internet images, ensuring that the notarial act is the legitimate instrument for these types of evidence. Even more, Decree n. 8.539/2015, which regulated the administrative electronic procedure for entities and organs of the direct, autarchic, and functional public administration, merely conceptualized what would eventually be a digital document. In conclusion, this study analyzes evidence through the lenses of our current digital reality, and investigates it in a clear and objective manner as a means for upholding more judicial security in face of new technologies.