FREITAS, Gustavo Brunno Lage de; FEDRIGO, Mayke Alexandre Silva; MONTANINI, Sirlene Fernandes
Abstract:
Digital transformation has significantly impacted the Brazilian judicial process,
especially in the production and use of digital evidence. This study analyzes its
validity and limits in civil procedure in light of the Code of Civil Procedure of 2015.
According to Article 369 of the CPC, which establishes the principle of the atypical
nature of means of evidence, the parties are entitled to use all legal and morally
legitimate means to prove the truth of the facts, thus supporting the admissibility of
digital evidence. However, although recognized by the legal system, such evidence
still faces relevant challenges regarding authenticity, integrity, and chain of custody.
Therefore, the effectiveness of digital evidence depends on the consolidation of
technical and interpretative parameters that ensure its reliability, without violating theconstitutional principles of due process, adversarial proceedings, full defense, and
human dignity.
