Brazilian courts tighten rules on digital evidence

The 6th Criminal Chamber of the Tribunal de Justiça de Santa Catarina ruled that digital evidence lacking a documented chain of custody is legally invalid. The decision overturned convictions and reduced sentences in a robbery case, emphasizing the need for proper seizure, hash verification, and preservation of digital files.

Separately, the Superior Tribunal de Justiça (STJ) issued new guidelines requiring that screen‑captures and other digital proofs be auditable, have an identifiable origin, maintain integrity, and be subject to independent technical analysis. The STJ stresses the use of hash codes to ensure that the content presented in court matches the original data.

Both rulings aim to standardize the handling of electronic evidence in Brazil’s criminal justice system, reducing the risk of tampering and ensuring that digital proofs meet strict reliability standards.