DIGITAL EVIDENCE AND THE PROBLEM OF PRINT SCREEN

Abstract

The present study addresses the topic of utilizing digital elements as evidence in a judicial process, specifically when obtained through screenshot capture (print screen), in light of the absence of specific legislation in Brazil on the subject.The research is grounded in doctrines, legislations, and jurisprudence, adopting an analytical, exploratory, and deductive methodology. Initially, the concept and purpose of evidence are examined, along with its role in the legal process. Different means of evidence are analyzed, followed by an assessment of digital evidence, whose growing significance is primarily attributed to technological advancements in society and its increasingly frequent utilization by individuals for various purposes. Subsequently, the validity of digital evidence is scrutinized, with a focus on the essential requirements for its admission as such in both criminal and civil judicial proceedings. This includes addressing the necessary precautions for handling elements, from acquisition and custody to presentation in the process, in faithful adherence to the principle of due process of law. Lastly, the study delves into the capture of images displayed on a telematic device’s screen – such as a mobile phone, tablet, or computer – a technique known as the print screen, discussing its admissibility as valid evidence. Furthermore, methods to ensure its authenticity and integrity are explored, aiming to enhance the security of this type of evidence.