FLUXO DE DADOS, PROVA E PROCESSO PENAL

Abstract

The paradigmatic change in criminal evidentiary law is not an immediate outcome of the digital evidence properties itself, but from the massive processing of data, the leading role of the private sector in activities traditionally public, and the reformulation of jurisdiction due to the transnational nature of digital evidence. By shifting the information center to the criminal investigation, the mass processing of data changes the focus from the private sphere to the informational self-determination sphere, introducing crucial discussions on the context of the purpose and data sharing. This article discusses the data flow during criminal investigation and evidentiary procedures, the legitimacy of collecting such data, the data transferring and sharing between different actors for different purposes, and the secondary use of such data for criminal evidence purposes. Based on a bibliographic review and Brazilian case law analysis, the objective of this article is to establish premises for a theory on data sharing for the purposes of the criminal prevention, investigation, detection or prosecution of criminal offences.