The Superior Court of Justice (STJ) is in the process of standardizing the
understanding of the validity of message exchanges carried out by
through the Whatsapp messaging application and validity as proof of
crime.
The standardization on the subject will be the responsibility of the 3rd Section, given that the 5th Panel
and the 6th Chamber have opposing understandings. The Ministers who
compose the 5th Chamber accepted screenshots, prints, as there were no
their understanding, demonstration of evidence of tampering with the evidence, the
which would be given by proving the suitability of the chain of custody, the
which occurs, for example, with the preparation of the notarial deed.
The notarial deed is nothing more than proof by an agent with faith
public that the information contained in a virtual environment or not, does not
was subject to tampering with tools such as Photoshop.
The judges accepted that the logical temporal sequence allows
viewing the entire conversation, ensuring the evidence is reliable
presented. On the other hand, the accused never presented the cell phone
to undergo an expert analysis and confirm that those images were
adulterated.
It can be seen that the debate is complex and goes beyond the captures alone. They must
the context should be analyzed, in addition to the contradiction and the broad defense for
find the truth that the evidence seeks to elucidate.
Finally, the discussion to be taken to the 3rd Section has the potential to reach the
Federal Supreme Court (STF), which may undergo changes in its
judgment."
understanding of the validity of message exchanges carried out by
through the Whatsapp messaging application and validity as proof of
crime.
The standardization on the subject will be the responsibility of the 3rd Section, given that the 5th Panel
and the 6th Chamber have opposing understandings. The Ministers who
compose the 5th Chamber accepted screenshots, prints, as there were no
their understanding, demonstration of evidence of tampering with the evidence, the
which would be given by proving the suitability of the chain of custody, the
which occurs, for example, with the preparation of the notarial deed.
The notarial deed is nothing more than proof by an agent with faith
public that the information contained in a virtual environment or not, does not
was subject to tampering with tools such as Photoshop.
The judges accepted that the logical temporal sequence allows
viewing the entire conversation, ensuring the evidence is reliable
presented. On the other hand, the accused never presented the cell phone
to undergo an expert analysis and confirm that those images were
adulterated.
It can be seen that the debate is complex and goes beyond the captures alone. They must
the context should be analyzed, in addition to the contradiction and the broad defense for
find the truth that the evidence seeks to elucidate.
Finally, the discussion to be taken to the 3rd Section has the potential to reach the
Federal Supreme Court (STF), which may undergo changes in its
judgment."
