A prova obtida no meio digital: uma análise sobre a sua (in)validade no processo judicial estadual

Abstract

This study aimed to examine whether digital evidence is valid as a means of convincing the decision of the magistrate in a litigation, not only by means of the fundamental pillars of Law, but also by the regulations that underlie the assessment methods of traditional evidence in the practical and legal fields and if they can be used to assess evidence from a virtual environment. As a basis of the result, the doctrinal positions and jurisprudence on the issue were studied, as well as the reasoning behind them. Afterwards, a comparison was made between the positions with the aim of attaining the right one. The approach of the topic was translated by means of a hypothetico-deductive method, thus leaving the procedure to be guided by a comparative and monographic path. After confronting the theoretical foundations of each emanating position, the study aimed to attain the most sensible answer for the evolution of society, which has been gradually moving towards the electronic medium as its main tool for communication and social interaction. Therefore, the explanation was divided into three chapters in which the following issues were respectively examined: the principles and rules of evidence production, assessment with regard to its form, purpose and conviction of the body of evidence and, lastly, if the current legislation includes or excludes electronic evidence from the legal probationary means. As a result, it was observed that it is possible to assess digital evidence in legal proceedings through current legislation, without the need for complementing or creating exclusive legislation. It is also important to emphasize that this is the best and the most sensible answer for society and current litigations.