Prova digital no processo penal brasileiro: o uso de dados de geolocalização na segurança pública e na investigação criminal

Abstract

This study aims to analyze the impact of technological development in the area of public security and criminal investigation, especially with regard to the production and use of digital evidence related to location data, because the advancement of technology contained in electronic devices has imposed new and significant challenges to the law of evidence in criminal proceedings. Currently, the lack of specific regulation on this new source of evidence or the application of outdated legislation allows the violation of the right to privacy and intimacy of the person under investigation. Considering this fact, the purpose of this study is to demonstrate, based on the theory of penal garantism, the viability of using technological resources as a source of evidence in the criminal process, respecting the protection of the fundamental rights of citizens, as well as contributing to a more efficient public security and criminal investigations. To achieve this, the deductive method was used, through the review of national and foreign legal doctrine, systematization of court decisions issued in the last years on the use of digital evidence in criminal proceedings and analysis of data on the inefficiency of criminal investigations for the identification of possible authors of crimes in the state of Rio Grande do Norte. After the analysis of the theoretical assumptions mentioned, it can be seen that the Brazilian legal system has a lack of specific normative on the content of location data as a source of evidence for the criminal process, suggesting, in the end, the adoption of legal discipline developed based on the Budapest Convention in conjunction with the ABNT NBR ISO/IEC 27037:2012 normative and the Draft of the Criminal LGPD.