Brazil police delegate warns of acquittals due to weak digital evidence

Police delegate and law professor Márcio Cristiano da Silva da Rocha has warned that courts are increasingly acquitting defendants due to weak or improperly handled digital evidence. He noted that digital crimes, including fraud, theft, system intrusions, and attacks on sexual dignity, now account for approximately 75% of criminal activity as perpetrators shift away from high-risk physical robberies.

To ensure the validity of digital evidence, Rocha emphasized the need for rigorous scientific methods. Key protocols include placing mobile devices in airplane mode to prevent remote data wiping, using forensic software to transfer data while recording specific metadata, and generating a unique Hash Code to serve as a digital fingerprint for electronic files.

The Superior Tribunal de Justiça (STJ) has reportedly annulled several convictions due to procedural failures, such as the use of simple screenshots, unauthorized access to devices, or the failure to formally seize equipment. Rocha advised that professionals in the police and legal sectors must possess advanced computer science knowledge to navigate these technical challenges.