Banca de QUALIFICAÇÃO: Thales Cassiano Silva

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Thales Cassiano Silva
DATE: 23/01/2025
TIME: 14:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

Production of Digital Evidence for Criminal Proceedings: Epistemic Control of Entry and Data Treatment

KEY WORDS:

Digital evidence. Epistemic control

PAGES: 60
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The topic of the thesis is digital evidence in Brazilian criminal prosecution, including the ways of entering at all stages, both pre-trial and trial. The specific characteristics of this type of informational element are addressed from technological criteria to establish the feasibility of applying traditional concepts to a reality that is, at a minimum, distinct. The research problem focuses on controlling the entry of these elements, beyond the discussion of the chain of custody; that is, on the procedural forms that allow for the inclusion of all digital elements in the Brazilian criminal process. The theoretical framework guiding the response to the research problem is informational criminal procedure, which addresses the idea of data protection in criminal proceedings as a new type of right to be protected by the legal system. The thesis is divided into two central parts: the first describes the legislation relevant to the research topic ontologically; the second prescribes, based on the identified characteristics and problems, how this subject should be treated by Brazilian law. The research results indicate that Brazilian legislation has only undergone changes to create new types of data requests concerning digital evidence; regarding data treatment, there is no legal authorization for invasive actions, but silence is interpreted as tacit authorization

COMMITTEE MEMBERS:
Presidente - 1863338 - EVANDRO CHARLES PIZA DUARTE
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - Rafael de Deus Garcia - IDP