Brazil's CNJ proposes new rules for digital evidence in criminal cases

The National Council of Justice (CNJ) is discussing a proposal that could limit how prosecutors investigate organized crime. The draft regulation establishes rules for the collection, preservation, and use of digital evidence, such as cloud data and encrypted messages, to ensure integrity within the criminal process.

Prosecutors and members of the Public Ministry have expressed concern that the proposal may restrict the work of special task forces. They argue that by emphasizing the role of “official experts” and central forensic bodies, the rules could centralize forensic activities within specific scientific police institutes, potentially hindering the investigation of corruption and criminal factions.

The CNJ maintains that the normative proposal does not regulate the work of prosecutors but rather guides judges in controlling evidence to ensure that digital traces match what is presented in court.