Aspectos controvertidos no uso da prova digital no ordenamento jurídico Brasileiro

Controversial aspects in the use of the digital evidence in the Brazilian Legal System

Abstract

The digital proof is the object under analysis and the objective of the research is to raise the main contradictory aspects concerning the use of digital evidence in relation to traditional evidence. Develops in three stages: first, it analyzes the object through dogmatic theoretical methodology with the systematic qualitative survey of doctrine in a deductive perspective for conceptual delimitation, evidential characterization and nature of proof and digital proof; the second receives empirical characteristics in the observance of the rule and effective judicial practice, the essay compares the normalization of the law with the practical realization, noticing discrepancies between valid rule and effective jurisprudence, the experiment makes it possible to perceive how the admissibility of digital evidence occurs, receives the attributes of authenticity, integrity, and reliability; the third stage joins the two previous ones, enabling to list controversial aspects of the digital evidence, in this study delimiting itself in the area of ​​civil procedural. Concludes by demonstrating some cases that indicate the existence of theoretical weaknesses, the need to improve standards, and the practical use that indicates a mismatch between the validity and effectiveness of the standard when it comes to the use of evidence in the context of digital law.