# Brazil digital evidence regulation and judicial challenges > Live situation record from CLSTR: https://clstr.news/situations/brazil-digital-evidence-regulation-and-judicial-challenges > Updated: 2026-10-27T00:00:00.000Z. Sources: 11. Developments: 3. In Brazil, legal and law enforcement authorities are addressing the complexities of managing digital evidence in criminal investigations. The National Council of Justice (CNJ) has proposed new regulations to govern the collection, preservation, and use of digital data, such as encrypted messages and cloud information. While the CNJ states these rules are intended to guide judges in ensuring evidence integrity, prosecutors and members of the Public Ministry have expressed concern that the proposal could centralize forensic activities within specific scientific police institutes. They argue this centralization could hinder investigations into corruption and organized crime by restricting the work of special task forces. Concurrently, legal experts and police delegates have warned that improper handling of digital evidence is leading to increased acquittals. With digital crimes—including fraud, theft, and system intrusions—now accounting for approximately 75% of criminal activity, the Superior Tribunal de Justiça (STJ) has annulled several convictions due to procedural errors, such as the use of simple screenshots or unauthorized device access. To prevent such failures, experts emphasize the need for rigorous scientific protocols, including placing devices in airplane mode, using forensic software to record metadata, and generating unique Hash Codes. Furthermore, the judiciary is navigating the integration of artificial intelligence. The CNJ has issued Resolution No. 615/2025 to establish governance guidelines for AI tools, mandating human supervision. Recent STJ decisions have underscored that the reliability of digital material, such as chat screenshots, depends on technical verification by third parties rather than the authority of the person accessing the content. ## Claims - The Sixth Panel of the Superior Tribunal de Justiça (STJ) replaced a preventive detention with precautionary measures pending a forensic analysis of screenshots. (corroborated by 3 sources) - The National Council of Justice (CNJ) issued Resolution No. 615/2025 on March 11, 2025. (corroborated by 3 sources) - CNJ Resolution 615/2025 establishes governance guidelines for AI use in the judiciary with human supervision. (corroborated by 3 sources) - Articles 158-A to 158-F of the Code of Criminal Procedure regulate the chain of custody in Brazil. (corroborated by 2 sources) ## Timeline ### 2026-10-27: Brazil's Judiciary faces challenges with digital evidence and AI Brazil's STJ and CNJ are addressing the legal challenges of digital evidence integrity and AI governance in the judiciary. 4 sources. https://clstr.news/cluster/brazils-judiciary-faces-challenges-with-digital-evidence-and-ai ### 2026-10-10: Brazil police delegate warns of acquittals due to weak digital evidence Police delegate Márcio Cristiano da Silva da Rocha warns that improper handling of digital evidence is leading to court acquittals as cybercrimes now represent roughly 75% of criminal activity. 2 sources. https://clstr.news/cluster/brazil-police-delegate-warns-of-acquittals-due-to-weak-digital-evidence ### 2026-09-27: Brazil's CNJ proposes new rules for digital evidence in criminal cases The Brazilian National Council of Justice is considering new rules for digital evidence that prosecutors fear could restrict investigations into organized crime and corruption. 5 sources. https://clstr.news/cluster/brazils-cnj-proposes-new-rules-for-digital-evidence-in-criminal-cases --- Cite as: Brazil digital evidence regulation and judicial challenges. CLSTR, https://clstr.news/situations/brazil-digital-evidence-regulation-and-judicial-challenges