Prova digital no processo penal brasileiro: o uso de dados de geolocalização na segurança pública e na investigação criminal
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 im...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54402 |
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| Resumo: | 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application of outdated legislation allows the violation of the right to privacy and intimacy of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. |
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