O PROJETO DE LEI Nº 4.939/2020 E A NECESSIDADE DA OBSERVÃNCIA DA CADEIA DE CUSTÓDIA PARA A PRESERVAÇÃO DA INTEGRIDADE DA PROVA NATO-DIGITAL
DOI:
https://doi.org/10.21207/2675-0104.2024.1661Abstract
The Brazilian criminal process, marked by the accusatory system and democratic characters, is based on the evidence collected at the time of the offense, which will be responsible for influencing the judge's free will. For this to happen, the evidence must be free from any manipulation that could compromise the trial and jeopardize compliance with constitutional principles. In this context, the importance of guaranteeing the chain of custody arises, especially in relation to born-digital evidence, with a view to protecting the integrity of the instructional element. The problem of this research, in this context, consists of analyzing Bill No. 4.939/2020, discussing its suitability to guarantee the integrity of born-digital evidence through its prerogatives regarding the chain of custody institute. To this end, the legal-dogmatic methodology was adopted, based on discussions of the literature that investigates and focuses on the subject
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