Prova digital e cadeaia de custódia no processo penal: validade e confiabilidade

Abstract

This study addresses the reliability of digital evidence in criminal proceedings, especially in the context of a possible breach of the chain of custody—a concept that involves comprehensive documentation of the evidentiary trajectory from its origin to its disposal. In this regard, issues related to the authenticity, integrity, and admissibility of digital evidence are examined, taking into account its technical particularities, such as immateriality, volatility, and vulnerability. The challenges concerning the production and preservation of such evidence demand special attention from legal scholarship, jurisprudence, and Brazilian legislation, which remains incipient on the subject. The study is justified by the legal and social relevance of the topic, given the growing use of digital evidence in criminal proceedings and the need for effective guarantees of evidentiary reliability. The aim of the research is to investigate the differences between traditional and digital evidence, with an emphasis on the particularities of the chain of custody in each, and subsequently analyze how such singularities affect the admissibility of the evidentiary material in criminal procedure. To this end, a qualitative methodology was adopted, with a theoretical-dogmatic approach based on doctrinal, legislative, and jurisprudential analysis. The study concludes that, in light of the technical specificities of digital evidence, its validity depends on strict observance of the chain of custody, under penalty of inadmissibility and violation of the constitutional principles of due process of law and the presumption of innocence.