THE DISCLOSURE RULE IN CRIMINAL PROCEEDINGS AND ITS RELEVANCE TO DIGITAL EVIDENCE

Abstract

This article proposes a vertical study of the disclosure rule in criminal proceedings, focusing on its relevance to the treatment of digital evidence. It starts with the concept and origins of disclosure in Anglo-Saxon law. It then focuses on analyzing its compatibility with the Brazilian legal system, based on criteria of constitutionality (guarantee of contradictory), and conventionality, with emphasis on the par conditio. Finally, it discusses the particularities of disclosure of digital evidence, the treatment of which is different due to its technical nature and the amount of data involved. In the end, it expects to demonstrate that the disclosure rule guarantees the defense the opportunity to contradict the accusatory hypothesis and to eliminate its dependence on the analyses and interpretations of digital evidence promoted by the Police and the Public Prosecutor's Office.